7 



LAWS OF ILLINOIS. 






RELATING TO 



CITIES AND VILLAGES, 



WITH 



NOTES AND FORMS, 



To which is added the General Principles of Parlia- 
mentary Law Adapted to the Use of City 
Councils and Boards of Trustees. 



BY ELIJAH M. HAINES 

u 




> 



DEPART, VI u 

""CHICAGO 
E. B. MYEES, LAW BOOK SELLER, 

1878. 




k^ 



5% ^ 



Entered according to Act of Congress, in the year 1878, 

By ELIJAH M. HAINES, 

In the Office of the Librarian of Congress, at Washington. 



Printed by S. I. Bradbury & Son, 78 Fifth Av; 



PREFACE. 



The provisions of the constitution of 1870, prohibiting special legisla- 
tion for the incorporation of cities and villages of this state, has given 
rise to a system of general laws for the incorporation and management of 
the affairs of cities and villages, which, in view of the material increase 
in the number of such corporations in the state, comprises an important 
element in our general statutes, and a knowledge of such laws, tending to 
their proper administration, has become a matter of interest to a large 
portion of the general public, dwelling in such corporations ; including 
in the aggregate a vast number of public officers, who are entrusted with 
the execution of the laws and management of the affairs of this class of 
corporations. 

A compilation of the laws relating to this subject, in one convenient 
volume, unincumbered with those on other subjects, properly annotated, 
with forms and suggestions concerning proceedings under the law, has 
therefore become almost indispensible for the information of citizens as 
well as for the convenience of lawyers and public officers. The book 
here presented, it is believed, will meet the requirements of those for 
whose immediate benefit it has been intended. The aim has been to in- 
clude in this volume all the statute laws of the state applicable to cities 
and villages or municipal corporations of this kind, including such por- 
tions of the constitution of the state as relates thereto. To which is added 
copious notes of decisions of the Supreme Court of Illinois, in cases 
arising under the various provisions of the statutes embraced, with occa- 
sional references to elementary works and the reports of other states. In 
this regard the work will be of great value to the legal profession. 

The book also contains a variety of general forms in various proceed- 
ings under the act concerning cities and villages, of general utility. Also 
forms of ordinances suggested on general subjects, for the government of 
cities and villages ; concluding with a department embodying the general 
principles of parliamentary law, applicable to city councils and 
boards of trustees. All of which is more fully set forth in the table of 
contents of matter contained herein. 



IV. PREFACE. 



The compiler of this work has deemed it not improper tb add that hav- 
ing been a member of the Convention that revised and amended the pres- 
ent Constitution of this State, wherein was fully considered the subject of 
Municipal Corporations, and likewise a member of the General Assembly 
at the session of 1871-2, at which the present law for the Incorporation of 
Cities and Villages was passed, he possesses advantages and occupies a po- 
sition to deal with this subject more understandingly that he possibly 
could have in the absence of the valuable experience derived from these 
circumstances. 



December 2, 1878. 



PLAN OF THIS WORK. 

1. The object of this work is to give all the statute laws of Illinois re- 
lating to, or concerning cities and villages, in one convenient volume. 

2. Notes of decisions are added in connection with the text, as properly 
comprising a part of the law. 

3. A variety of general forms are given, including also forms of ordi- 
nances on general subjects, and rules of proceeding for city councils and 
boards of trustees. 

4. There is added the general principles of parliamentary law, adapted 
to the use of city councils and boards of trustees, which would seem to be 
indispensible in such bodies. 



TABLE OF CONTENTS 



Table of Adjudicated Cases Cited. 
Cities and Villages in Illinois. 

DIVISION I. 



ACTS OF THE GENERAL ASSEMBLY. 
I. General Incorporation Act for Cities and Villages 17-115 

Article I. Of the Organization of Cities 17-25 

Article II. Of the Mayor 25-28 

Article III. Of the City Council 28-32 

Article IV. Elections 32-36 

Article V. Of the Powers of the City Council 36-69 

Article VI. Officers— their Powers and Duties 69-77 

Article VII. Of Finance > 77-85 

Article VIII. Of the Assessment and Collection of Taxes 85-88 

Article IX. Special Assessment for Local Improvements. 88-109 

Article X. Miscellaneous Provisions— Water 109-111 

Article XI. Of the Organization of Villages 111-115 

II. Ferries and Bridges 115-116 

III. Annexing and Excluding Territory 116-120 

IV. Changing Name 120-123 

V. Territorial Jurisdiction 123-124 

VI. Houses of Ill-Fame 124 

VII. Leasing Landings and Levees. 124r-125 

VIII. Police Magistrates 125-126 

IX. Police and Firemen's Relief Fund 126-129 

X. Water Works 129-133 

XI. Salaries of City Officers 133-134 

XII. Appointment and Removal of City Officers- 
Mayor's Bill 134-136 

XIII. Rebate and Reduction of Taxes, Etc 136-137 

XIV. Sewerage and Water Taxes 137-138 

XV. Taxes 138 

XVI. Surplus Fund or Tax 138-139 

XVII. Sidewalks in Cities, Towns and Villages 139-143 

XVIII. Houses of Correction 143-148 

XIX. Libraries 148-153 

XX. Town Plats 153-157 

XXI. Vacation of Streets, Alleys and Highways 157-158 



VI. TABLE OP CONTENTS. 



DIVISION II. 

FORMS AND OTHER USEFUL MATTER RELATING TO CITIES 

AND VILLAGES. 

I. General Forms 159-187 

II. Forms op Ordinances on General Subjects, for 

Cities and Villages 187-257 

III. Forms of Rules of Proceeding for City Councils 

and Boards of Trustees 257-266 

IV. General Rules of Parliamentary Law, Applica- 
ble to City Councils and Boards of Trustees... 267-277 



TABLE OF CASES CITED IN THIS WORK. 



Page. 

A. 

Albrecht v The People 55, 198 

Alexander v Town of Mt„ Sterling, 211, 43 
Alley, et al. v Adams County. . .40 103, 

Alton v Mulledy, et al 22 

Ames v Carlton 61 

Andrews et al. v The People ex rel. 105 



Baker v First Nat. Bank, 87 

Baker v Town of Normal, . .65, 108, 217 

Baldwin v City of Chicago, 54 

Baldwin v Murphy, 54 

Barlow v Standford, 70 

Beardstown et al. v Virginia et al . . 33 

Bedard v Hall, 90 

Beesman v City of Peoria 70 

Bennett v The People, 202 

Block v Town of Jacksonville, .... 66 

Block v The Pres. & Trustees, 198 

Bloomington v Bay, 43 

Bollig ex parte, 68, 185, 193, 194 

Booth v Town of Carthage, . .54, 66, 67, 
202, 

Bowen v City of Chicago, 106 

Bowery Nat. Bank v Mayor etc, 107 

Bowman v St. Louis 66 

Bradford v City of Chicago 97 

Brent v Kimball, 237 

Browning v Springfield, 43 

Bryan v Bates, 75 



Page. 

Brush v City of Carbondale, 43 

Brush v Lemma, 20 

Bullock v Goemble, 41, 61, 204 

Burlington v Lebrick 118 

Burr v City of Carbondale 24 

Byars v City of Mt. Vernon, 66, 68, 290, 
228. 

c. 

Caldwell v City of Alton, 56 

Cahill v Insurance Co 21 

Calef v Thomas, 58 

Carter v City of Chicago 42, 211 

Cairo & St. Louis B. B. Co. v City 

of Sparta, 39 

Case v Hall, 75 

Carpenter v Jennings, 41 

Castle v The People, 20, 62 

C. & A. E. E. Co. v Engle, 47, 65 

C. B. & Q. E. E. Co. v Haggerty, . . 47 
C. B. &, Q. E. E. Co. v McGinnis, 49 

Champaign v Patterson, 43, 60 

Central Horse Ey. Co. v Ft. Clark 

H. Ey. Co 47 

Chicago City Ey. Co. v The People, 48 

Chicago v Hasley, 78, 79 

Chicago & Iowa E. E. Co. v Pick- 

ney, 39 

Chicago v Major, 43 

Chicago v Martin, 43 

Chicago v Powers, 43 



VI 11. 



TABLE OF CASES. 



Page. 
Chicago v The People ex rel, 18, 19, 21, 

34. 

Chinequy v The People ex rel 104 

Cin. Mut. H. A. Co. v Rosenthal, . . 85 

City of Alton v Mtna Ins. Co 36 

City of Alton v Hope, 44, 50 

City of Alton v Hartford Ins. Co . . 65 

City of Aurora v Gillett, 50, 239 

City of Aurora v Pulfer, 43 

City of Aurora v Reid, 50 

City of Blooniington v Brokaw, 23 

City of Bloomington v Wahl, 56 

City of Centralia v Krouse, 203 

City of Chicago v Baer et al 90, 97 

City of Chicago v Barbian, 94 

City of Chicago v Brophy, 45 

Citj^ of Chicago v Burtice et al. . . . 97 

City of Chicago v Edwards, 226 

City of Chicago v Halsey, 79 

City of Chicago v Hay, 46 

City of Chicago v Kelly, 22 

City of Chicago v Langlass, 211 

City of Chicago v Laffin et al 59 

City of Chicago v Lamed, 90 

City of Chicago v McGiven, 44, 240 

City of Chicago v O'Brennan, 22, 44 

City of Chicago v Eumpff, 56 

City of Chicago v Turner, 58 

City of Chicago v The People ex rel 106 

City of Chicago v Ward, 105 

City of Chicago v Wright, 99, 106 

City of Clinton v Phillips, 54 

City of Collinsville v Cole, 52 

City of Decatur v Vermillion, 76 

City of Dixon v Baker, 43, 44, 50 

City of East St. Louis v Wehrung, 209 
City of East St. Louis v Wider, 199, 209 

City of Freeport v Isbell, 44 

City of Galesburg v Hawkinson, . . 118 
City of Jacksonville v Jacksonville 

K. W. Co 24 

City of Kimmundy v Mahan, 23, 27, 66 

City of Ottawa v Macy 98, 102 

City of Ottawa v Chicago & R. I. R. 

B. Co 100 



Page. 

City of Ottawa v Trustees, 97 

City of Ottawa v Fisher, 100 

City of Olney v Harvey et al 78, 79 

City of Ottawa v Spencer, 231 

City of Pekin v Brereton, 43, 48, 50 

City of Pekin v Winkel, 49 

City of Peiu v French, 22 

City of Quincy v Barker, 45 

City of Quincy v Jones et al 42 

City of Quincy v Jones, 45 

City of Bockford v Hildebrand, 203 

City of Shawnetown v Mason,. .... 43 

City of Springfield v Doyle, , . 44, 45 

City of Springfield v Power, 37 

City of St. Louis v Cofferton, 67 

Clark v Lewis, 61, 203, 205 

Clayburgh v Chicago, 94, 95 

Cook County v C. B. & Q. R. E. Co, 87 

Coles County v Allison, 21, 70 

Commissioners etc. v Baumgarten, 42 
County of Richland v County of 

Lawrence, .• 37 

Covington v City of East St. Louis, 24, 

37. 

Crawford v The People, 90 

C. P. &R. I.E. R. Co. v Francis,.. 41 
C. R. & P. R. R. v City of Joliet, 23, 42, 

59, 63, 155. 

C. R. I. & P. R. R. v Reidy, 47 

C. R. I. & R. R. R. Co. v Town of 

Lake, 41 

D. 

Dale v Irwin, 33, 35 

Daniels v Hilgard, 37 

Daralthy v City of Chicago 97 

Darst v The People, 54 

Decatur v Fisher, 43 

Decker v Hughes,. . . . , 87 

Denver & S. Ry. Co. v Denver City 

Ry. Co 58 

Delhanty v Warner, 71 

Dimon v The People, 60 

Ducat v Chicago, 38 

Dundy v Chambers, 116 



TABLE OF CASES. 



Page. 

Dunham v City of Chicago, 88 

Dunham v Village of Hyde Park, . . 43 
Dunning v Bailroad Co « 21 

E. 

Earp v Lee, 58, 59, 60 

Eastman v City of Chicago, 64 

East St. Louis v Wehrung 38 

Eberhardt v Chi. M. St. P. Ky. Co. 41 

Egypt Street etc., 21 

Elrod v Town of Bernadotte, 78 

Ellis v Kansas City E. E. Co 58 

Elliott v City of Chicago 97 

Emmerson v The Western Union 

E. B. Co 41 

Ewbanks v Town of Ashley, 59, 68, 230 

F. 

Eagan et al v City of Chicago 105 

Fahey v Pres. & Trustees etc 22, 45 

Falls v City of Cairo, 97 

Farmer v The People 200 

Farwell v City of Chicago, 52 

Fentz v Meadows 55 

Ferguson v The People 55 

Field v The People, 29 

Findley v Pittsburgh, 107 

Fire Department v Kipp, 21 

Fisher v The People, 104 

Fitch v Pinckard, 21 

Freese v Tripp, 55 

Friday v Floyd, 61, 203 

G. 

Galena v Amy 78 

Galena & E. E. Co. v Loomis 49 

Gales v Anderson, 116 

Gardner v The People 54 

Gates v City of Aurora QQ 

Gear v Bullerdick, 116 

Gebhart v Eeeves 42, 154, 157 

G. & C. M. E. E. Co. v Crawford, . . 48 

Goodrich et al v Chicago 50 

Graubner v The City of Jackson- 
ville, 196, 214 

Greeley v The People, 20, 62 



Page. 
Gridley v City of Bloomington, 60, 240 
Great "Western E. E. Co. v Decatur, 49 

Guest v Eeynolds, 59 

Guild v City of Chicago, 18, 90, 96 

H. 

Hacket v Smelscley, 55 

Halsey et al v The People ex rel. ... 104 

Hamilton v President etc. 21 

Hamilton v State, 67 

Harburgh v City of Monmouth. ... 54 
Harding v E. E. & St. Louis R. E. 

Co 40 

Haynes v Co. of Washington, 21 

Hensoldt v Town of Petersburg, 54, 66 

Hess v The People ex rel 104 

Hickey v Forristal et al 235 

Higgins v City of Chicago, 97 

Hills y City of Chicago, 87 

Hinckley v Belleville, 64 

Holbrook v Dickinson, 90 

Holbrook v Davis, 196 

Holcomb v Davis, 204 

Hoyer et al v Mascoutah, 194, 214, 235 
Hunter v. Middleton, 154 

I. 

I. B. & W. E. E. Co. v Hartley, . .42, 48 
I. C. E. E. Co. v City of Blooming- 
ton, 49 

I. C. E. E. Co. v Grabell, 241 

111. Cen. E. E. Co. v Galena, . . . .49, 238 
111. Cen. E. E. Co. v Swearingen, . . 48 
I. & St. L. E. E. Co. v Peyton, 47 

J. 

Jackson v Brush et al 27 

Jacksonville v Block 66 

Jaquith v Eoyce, 65 

Jameson v The People, 21 

Jenks et al v Chicago, 99 

Johnson v Stark Co 40 

Johnson v The People, 55 

Johnson v The People, 193 ; 

Joliet v Verley, 43, 239 

Joyce v City of East St. Louis, .... 52: 



TABLE OF CASES. 



Page. 

K. 

[Kadgien v City of Bloomington, ... 53 

Keedy v Howe, 55 

Kinde v Gillespie. 62 

Kinmundy v Mahan, 209 

Kinzie v Trustees of Chicago, 22 

Kittering v. Jacksonville, 21, 53, 67 

Knox v City of Sterling, 60 

Kwer v The People, 55 

L. 

Ladd et al v Board of Trustees, .... 224 

Laflin v City of Chicago, 105 

Lake View v Rose Hill Cem. Co 37 

Lankenan v The People, 20, 62 

Larrison v Peoria, A. & D. R. R. Co. 30 

Lehmer v The People ex rel 100 

Leroy v City of Springfield, 23 

Livingston County v Weider, 38, 40 

Logan v Pyne, 52 

Logan County v City of Logan 23 

Lovenguth v Bloomington, 45 

Lowe v The People, 60 

Lull v City of Chicago, 42, 154 

M. 

Macomber v Nichols, 59 

Maher v City of Chicago, 107 

Main v McCarty, 75 

Manly v Gibson, — 

Mann v The People, 37 

Mapes v The People, 70, 200 

Marsh et al v Smith, 75 

Mason v Shawneetown, 40, 64 

Matter of Second Ave. Church, 83 

Mayor v Allain, 67 

Mayor of Lynn v Turner, 95 

McAuley v C. C. & I. C. R. R. Co . . 63 

McBane v The People, 78 

McCutcheon v The People 54, 55 

McKindley v Rising, 68 

McPherson v Foster, 39 

Meidil v Anthis, . . . , 22, 55 

Merwin v The City of Chicago, .... 79 



Page. 
Miller v Goodwin, '23 

Mills v The County Comrs 116 

Mills v The County of St. Clair, ... 116 

Morley v Town of Metamora, 224 

Moses et al v P. F. W. & C. R. Pv. 

Co 43, 46, 63 

Mt. Oarmel v Wabash Cour.ty, . . 67, 202 

Mullinix v The People, 55 

Munsill v Temple, 38, 199, 209, 210 

Murphy v Chicago, 43 

N. 

Neifmg v Town of Pontiac, 54 

Nelson v Godfrey, 46 

Newland v Pres. & Trus. of Aurora, 67 

Nevins v. Peoria, 43, 239 

New London v Brainard, 38 

o. 

O'Laughlin v Dubuque, 45 

O. & M. R. R. Co. v. Jones, 48 

O. & M. R. R. Co. v. McClelland, 48, 49 

Omaha v Hammond, 107 

Ottawa v C. & R. I. R. R. Co 99 

Ottawa v County, 21 

Ottawa v Spencer, 90, 239 

Ottawa v "Walker et al , 42 

Otis v City of Chicago, 87 

Owen v City of Chicago 99 

P. 

Park v C. & S. W. R. Co 60 

Parmelee v Chicago, 87 

People v Brown, Mayor etc 70 

People v Dupuy t, 23 

People v Maynard, 25 

People ex rel v Wright, 134 

Peoria v Calhoun, 56 

Peoria v Kidder, 96 

Pettis v Johnson, 220 

Pfau v Reynolds,. 251 

Polinsky v The People, 65 

Pres. & T. of Jacksonville v Holland 190 

Poppen v Holmes, 41, 204 

Portland v Atlantic &c. R. R. Co. . . 49 



TABLE OF CASES. 



XI. 



Page. 

President etc v Mappin et al 22 

President etc. v. Thompson, 21 

President & Trustees of Lockport v 

Gaylord, 39 

President and Trus. of Mt. Carmel 

v Wabash Co 210 

Prindeville v Jackson et al 131, 251 

Primm y City of Belleville, 87 

Pritchard v Keefer, 62 

Pritchett v The People, 70 

Prout v The People, 90 

Purcell v Parks, 134 

Q. 

Quincy v Ballance, 66 

Quincy v Warfield, 39, 40 

R. 

Bafferty v The People, 75 

Bickart v The People, 55 

Bichards v Donagho, 

Biggs v Johnson County, 78 

Bobey v City of Chicago, 87 

Boberts v Chicago, 43 

Boberts v Ogle, 59, 61, 203 

Bogers v Jones, 67 

Boss v The People ex rel 224 

Both v Eppy, 55 

Buth v City of Abingdon, 196 

Byan v Lynch, 40 

s. 

Sanderson v City of LaSalle, 97 

Sanger et al v City of Chicago, 23 

Seneca Falls v Zalinski, 46 

Scamnion et al v Chicago, 43 

Scamroon v City of Chicago, 97 

Schall v Bowman, 39 

Sheridan et al v Colvin et al 18, 57 

Schlencker v Bisley, 75 

Shanley v Wells, 197, 242 

Sherlock v Village of Winnetka, 37, 40 
S. & I. S. E. By. Co. v Cold Spring 

Tp 37, 39 

St. John v Quitzow, 42 



Page. 

Slusser v Burlington, 107 

Smith v Peoria Co 224 

Spry v Ammerman, 237 

Spring v City of Olney, 87 

State y Morristown, 43 

State v White, 65 

Stephani et al v Brown, 240 

Stetson y Chicago & Evanston By. 

Co 41 

Stevens v The People, 207 

S^reetor v The People, 55, 59 

St. L. V. & F. H. B. B. Co. v Dunn, 49 
St. Louis V. & T. H. B. B. Co. v 

C.ipps, 50 

Stone v F. P. & N. W. B. B. Co. .48, 49 

S alii van v City of Oneida, 55, 59 

' ' v Stephenson, 55 

Swanston v Ijams, 97 

Swuchow v City of Chicago, 53, 54 

T. 

Ta*9 v Missouri, K. & P. B. E. Co. 60 

Taylor v The People, 90 

Taylor v Thompson, 86 

Thatcher v The People ex rel. 104 

The Board etc v Aspinwall, 78 

The City of East St. Louis v Weh- 

rung, 209 

The City of East St. Louis v Wei- 

der, 199 

The Peopls ex rel v Bangs, 70 

The People v Buslin, 100 

The People v Brown, Mayor etc . . 70, 71 

The People v Clark Co 78 

The People v City of Bloomington, 42 

The People v City of Cairo, 79 

The People ex rel v Cotton 68 

The People v Fairbury, 21, 70 

The People v Farnhain et al 21 

The People v Greer, 68 

The People v Hatch, 28 

The People v McBoberts, 40 

The People v Sherman, 90 

The People v Solomon, 29 

The People ex rel v Tazewell, 40 



Xll. 



TABLE OF CASES. 



Page. 

The People ex rel v Turner, 143 

The Pres. etc. of Jacksonville v Hol- 
land, 190 

Thieleman v Burg, 70 

T. P. & W. E. E. Co. vChenoa, 39, 40, 238 
Toledo W. & W. R. Co. v City of 

Jacksonville, 49 

Toledo P. &. W. E. W. Co. v Dea- 
con, 46 

Toledo Peoria & Warsaw E. E. Co. 

v Foster ex rel 196 

Town of Athens v Thomas et al. . . 23 
Town of Collinsville v Scanland. . . 62 

Town of Havana v. Briggs, 60 

Town of Jacksonville v Block, 68 

Town of Lake View v Metz, 61' 

Town of Lewiston v Proctor, 60 

Town of Mechanicsburgv Meredith, 50 
Town of Mt. Carmel v Wabash Co. 210 

Town of Odell v Schoeder, 58 

Town of Petersburg v Metzger 67 

Town of Princeton v Templeton, 42, 43 
Town of "Washington v Hammond, 65 

Trumbo v The People, 70 

Trustees etc v Chicago, 96 

Trustees v Haven, 154 

" HI. & Mich, Canal v Chi- 
cago, , 87 

Trustees of Schools etc v Tatman, 116 
Tngman v City of Chicago, . ..37, 64, 65 

Turley v County of Logan, 30 

T. W. & W. E. E. Co. v O'Connor, 
Admx 47 



Page. 

u. 

Union Building Association v City 

of Chicago, 97 

Updyke v Wright, 90 

V. 

Vance v Little Eock, 86 

Van Dusen v The People, 71, 191 

Village of Coulterville v Gillen, . . 53, 59 
Village of Glencoe v The People ex 

rel 112, 114 

Village of Kewanee v De Pew, 22 

Village of Lockport v Gaylord, .... 40 
Village of Princeville v Auten,. .... 154 
Von Hoffman v Quincy, 78 

w. 

Wahle v Eeinbach, 74 

Wakely v Muscatine, 78 

Walsh v The People, 74 

Welch v Stowell, 52 

Wells v City of Chicago, 97, 106 

Westgate v Carr, 203 

Weston et al v The People ex rel. . . 104 
Whalen v City of Macomb,. . .18, 65, 67 
Wheelock et al v The People, use, 

etc 134 

Wiggins v City of Chicago, 51, 64 

Wilkins v Marshall, 33 

Willis v Legris, 204 

Y. 

Yates v Village of Batavia, 65 



CITIES AND VILLAGES IN ILLINOIS. 

Under the laws of Illinois, as now existing, cities and villages are a 
distinct class of municipal corporations, existing and regulated by laws 
adapted to the circumstances and condition of this class of corporations 
only. The term village was unknown to the statutes of Illinois until the 
adoption of the revised constitution in 1870. The terms used prior thereto 
to designate municipal corporations were towns and cities.{l) Whilst these 
were sy nonimous terms for certain purposes, the word city was understood to 
refer to a town of the largest class. The general assembly, prior to the pres- 
ent constitution, possessed the power of special legislation, whereby this 
class of municipal corporations existed in general by special charter. They 
were incorporated either as towns or cities, and granted such powers in 
each case as the condition of the inhabitants seemed to require. 

The revised statutes of 1845, chapter 25, contained a general law for the 
incorporation of towns having a population of not less than one hundred 
and fifty inhabitants. But there was no general provision of these statutes 
for the incorporation of that class of towns denominated cities. In 1S-19 a 
general law was passed providing for the incorporation of cities (see laws 
1849, p. 224), which is the first general act for this purpose passed by the 
general assembly of this state. Section four of this act provided that 
'• the corporate authorities of all towns and cities incorporated under chap- 
ter 25, entitled 'corporations,' of the revised code or under any special 
act shall have power to pass all ordinances and by-laws and possess all 
the powers authorized under the laws and amendatory acts incorporating 
either of the cities of Springfield or Quincy : Provided, that towns con- 
taining a population of less than fifteen hundred white inhabitants shall 
have no other officers or allow any other compensation than is allowed 
under chapter 25 of the revised code, unless expressly authorized by law." 
The effect and apparent object of the proviso in the foregoing section seems 
to have been to divide the incorporated towns of the state into two classes 
according to population, corresponding to the cities aud villages of to-day, 
as existing under general law, The first grade styled towns, with limited 
powers, and the second denominated cities, with more general and 
enlarged powers. 

(1) The constitution of Illinois recognizes counties, cities, townships and school districts as 
municipal corporations. See Const. 111., Art. IX, g 12. 



CITIES AND VILLAGES 



Section five of the general law aforesaid provided that " the inhabitants 
of any town containing a population of not less than fifteen hundred in- 
habitants may be incorporated by the name and style of the ' city 

of ,' where a majority of the legal voters thereof shall vote in 

favor of being incorporated as a city, at an election to be held at the court 
house, notice being given by being published for two weeks in succession, 
in any newspaper published in said town, by the president and trustees of 
said town, or by giving notice as may be prescribed under an ordinance, 
passed by the president and trustees of said town." 

Section six of said act further provided that " all the articles and pro- 
visions in either of the acts incorporating Quincy or Springfield, prescrib- 
ing the duties of the president and trustees ordering an election of city 
officers, prescribing the powers of the city, of the city council, executive 
officers, elections, legislative powers of the council, of the mayor, pro- 
ceedings in special cases, and miscellaneous provisions, shall be the rule 
by which the corporate authorities of any city incorporated under the pro- 
visions of this act shall be governed." Thus the charters of the cities of 
Quincy and Springfield became a part of the general law of the state, for 
the incorporation of cities. 

The word town in our language comes from the Saxon word tun, which 
signified an inclosure surrounding the mere homestead or dwelling of the 
lord of the manor. By the progress of events, and the alteration of times 
and language, the word town has become a generical term, comprehending 
under it the several species of cities, boroughs, villages, and indeed any 
considerable collection of houses. The word is also used in the statutes and 
in common speech as synonomous with township. 

In England, the various species of towns, when classified, are cities, 
boroughs, vills or villages, and hamlets. According to Blackstone,(l) a 
vill is a town which had originally a church and celebration of divine ser- 
vice, sacraments and burial. A city is a town incorporated, which is or 
has been the see of a bishop. A borough is understood to be a town, either 
corporate or not, that sends burgesses to parliament. A hamlet is a small col- 
lection of houses adjacent to a town of larger population, existing as a sort 
of apendage thereto. These various classes of towns possessed a variety of 
powers and privileges, not uniform as to class nor dependent upon the 
extent of population, but rather from custom or prescription. 

In Illinois, according to the statutes at the present time, there are but 
two classes of towns, viz : cities and villages. A city is a town incorpor- 
ated having a population of not less than one thousand inhabitants. (2) A 
village is a town having a population less than a city, but not less than 
three hundred inhabitants, of contiguous territory not exceeding two 
square miles. (3) 



{I) 1 Black. Com., 115. (2) See post, p. 19, § 4, 5. 

(3) See post p. 112, §182. 



IN ILLINOIS. 



The term village, however, in the common acceptation of the term, does 
not necessarily imply a town that is incorporated ; whenever this term is 
used without qualification or restriction, it comprehends any small assem- 
blage of houses occupied by citizens, laboring people and farmers, with a 
name and defined locality. (1) The supreme court of Illinois have said 
that any small assemblage of houses for dwellings or business, or both, in 
the country constitutes a village, whether they are situated upon regularly 
laid out streets and alleys, or not. That a place at a railroad station where 
there was a mill, a blacksmith shop, a store and a grocery, with dwelling 
houses to accommodate those carrying on said business, was a village in 
the common acceptation of the term. (2) 

The first attempt to change the anomlous system of organization of 
municipal corporations in Illinois, and to classify towns under general 
provisions of law, was in the constitutional convention of 1869-' 70. See 
debates and proceedings , p. 155, where it is recorded that Mr. Haines, of 
Lake, offered the following amendment to the constitution: "Towns 
comprising a collection of houses may be incorporated for municipal pur- 
poses. Such corporations shall be divided into two classes according to 
population, as the general assembly shall deem proper. The smaller 
towns shall be known as villages, and the larger towns as cities. Each 
class shall be granted by general laws, such corporate powers and privileges 
as may be necessary for their government and regulation, but the general 
assembly may grant special powers and privileges to municipal corpora- 
tions, where it shall appear that the object sought cannot be attained by gen- 
eral laws ; which fact shall be expressed in the act as the evidence there- 
of." 

And this is the first occurrence of the term village as applied to munici- 
pal corporations in any legislative proceedings in the history of the state. 
The substance of this proposition, except as to classification of municipal 
corporations, was adapted and became a part of of the constitution. (3) 

As the constitution prohibited further special legislation concerning 
municipal corporations, it becomes necessary to perfect the general statutes 
on that subject. 

In the interest of this movement, a convention composed of city and 
town officers of the state assembled a (Springfield, in January, 1871, at the 
commencement of the session of the general assembly, being the first ses- 
sion after the adoption of the revised constitution. This convention pre- 
pared a bill for a general law for the incorporation of cities and villages, 
which was submitted to the general assembly through a committee ap- 
pointed for that purpose. Before this bill had received attention, Senator 
Edsall, chairman of the senate committee on municipalities, now attorney 



(1) Herbert et el. v. Lavalle, 27 111. R., 448. 

(2) Els. Cen. R. E. Co. v. Williamson, 27 111. R., 48. 

(3) See post p. 23, note. 



CITIES AND VILLAGES. 



general, introduced in the senate a bill which he had prepared on the sub- 
ject, entitled, "A bill for an act to provide for the incorporation of cities 
and villages," which was referred to said committee. A few days there- 
after, the bill prepared by the convention aforesaid was introduced in the 
senate by Senator Woodard, entitled, " A bill for an act to enable cities to 
become incorporated under general incoporation laws, and to regulate their 
municipal affairs," which was also referred to the committee on munici- 
palities. Senator Edsall thereupon proceeded, with the assistance and 
advice of the members of his committee, and revised the bill he had intro- 
duced by adopting such portions of the bill introduced by Senator Wood- 
ard, as were deemed valuable, aided by suggestions from numerous special 
charters examined. The bill thus perfected was reported to senate and 
passed unanimously. 

In the house of representatives the bill was referred to the committee on 
municipal affairs, of which Mr. Waite was chairman, by which several 
amendments were made and some new provisions added, one of which 
was proposed by Mr. Root concerning special assessments ; the bill as 
amended passed the house March 29, 1872.(1) The house amendments 
were concurred in by the senate, and the bill was approved by the gov- 
ernor April 10, 1872, which is our present law for the incorporation of 
cities and villages embraced in this book. 

The original intention in framing this bill seems to have been not only 
to divide or classify municipal corporations of this kind into two principal 
classes of cities and villages, but to divide cities also into classes according 
to population, giving and regulating their powers accordingly, as will be 
noticed by I 185, 186 post p. 113, 114. The provisions referred to in said 
sections in relation to cities not exceeding five thousand inhabitants, seem 
not to have been preserved in perfecting the previous portions of the act. 
Thus leaving all cities upon the same footing without regard to popula- 
tion. Indeed giving to villages the same general powers as cities; but 
differing and being restricted in the mode of constituting their organiza- 
tion. In the place of city council, of mayor and aldermen, villages have 
a president and trustees, comprising a board limited to six members. (2) 
The law also seems to contemplate that the official force of a village will 
be constituted upon a more restricted plan than that of a city, being sub- 
ject to the complete control and direction of the president and board of 
trustees. (3.) 



(1) See house journal 1871-2, vol. 2, p. 1,118. 

(2) See post p. 113, § 185. (3) See post p. 114, §188. 



LAWS OF ILLINOIS. 



RELATING TO 



Cities and Villages, 



DIVISION I. 

ACTS OF THE GENERAL ASSEMBLY. 

I. GENERAL INCORPORATION ACT FOR CITIES AND 

VILLAGES. 

AN ACT to provide for the incorporation of Cities and Villages. [Approved April 10, 1872. In 
force July 1, 1872. Laws 1871-2, p. 218. Rev. Stat., Ch. 24. J 

ARTICLE I. 

OP THE ORGANIZATION OF CITIES. 

1. How city may adopt this act. 

2. Notice or election. 

3. The ballots— result. 

4. How towns may become cities. 

5. Organizing a city — petition — election — result. 

6. Courts to take judicial notice of organization, etc. 

7. Election of Officers, 

8. "When county Judge to give notice of election, etc. 

9. Term of first officers. 

10. Corporate name — powers. 

11. Prior ordinances, etc., in force until, etc. 

12. Rights, etc., of old corporation to vest in new. 

13. Record of result of election. 

1. < How city may adopt this act] § 1. That any city now 
existing in this state may become incorporated under this act in 
manner following : Whenever one-eighth of the legal voters of 
such city, voting at the last preceding municipal election, shall 

2 



18 CITIES AND VILLAGES — INCOKPOEATION ACT. [DIV. I. 

petition the mayor and council thereof to submit the question as 
to whether such city shall become incorporated under this act, 
to a vote of the electors in such city, it shall be the duty of such 
mayor and council to submit such question accordingly, and to ap- 
point a time and place, or places, at which such vote may be taken, 
and to designate the persons who shall act as judges at such 
election ;(1) but such question shall not be submitted of tener than 
once in four years. (2) [ See § 53, 55. 

2. Notice of elections.] § 2. The mayor of such city shall 
give at least thirty days' notice of such election, by publishing a 
notice thereof in one or more newspapers within such city ; but if 
no newspaper is published therein, then by posting at least five 
copies of such notice in each ward. (3) 

3. The ballot— Besnlt] § 3. The ballots to be used at such 
election shall be in the following form : " For city organization 

(1) See form of petition, and order of mayor and council, submitting question to a vote, Div. 
II, post. 

(2) Where a city changes its organization by adopting a general law for the incorpor- 
ation of cities, it does so subject to the power of the legislature to repeal or amend the same. 

• Guild v. City of Chicago, 82 HI. It., 472. 

The validity of the organization of a city under the general act of 1872, can be 
determined only by a direct proceeding, in the nature of a quo warranto. Sheridan et al. v. Calvin 
et al., 78 111. R., 237 

Whether a city has forfeited its charter can only be raised in a direct proceeding for 
that purpose, by scire facias or quo warranto. Wialin v. City of Macomb, 76 111. R., 49. 

Submitting question of incorporation to vote of electors. The law does not pro- 
vide in the above section, as will be observed, the mode of submitting the question of orgaiiiza- 
tion to a vote of the electors, whether by ordinance or otherwise. It simply provides that the 
act of submission shall be by the mayor and council. The mode should probably be by an 
order of the mayor and council. It is proper that the yeas and nays should be taken and en- 
tered on the journal, on adopting the order, which would give to it in this regard the force of an 
ordinance. As the law requires specially, that the act shall be that of the mayor and council, it 
would seem as the intention of the law that the mayor should vote with the aldermen on the 
■ question. The above section seems to imply that for this purpose the mayor is a separate au- 
thority from the council. The proceedings to become incorporated under the general law must 
be condiicted according to the provisions of this act. 

The duty of the mayor and council, in submitting the question of organization, under 
the general law, has recently been considered and determined in the Supreme Court, in a case 
arising in East St. Louis. This city existed as a corporation under a special charter granted in 
1869. A petition of the required number of legal voters of the city was presented to the mayor 

• and council, praying that the question of incorporation under the general law be submitted to 
. a vote of the legal voters of the city, which the council refused. "Thereupon the mayor gave 

the required notice of an election to vote on said question, and fixed the time of holding said 
election. An election was held accordingly, which resulted in favor of incorporation under the 
general law. The returns of the election were duly canvassed and the result entered as the law 
provides. In a proceeding by quo warranto against the city officers newly elected, it was held 
that such election and all subsequent proceedings by virtue of it were void because it was not 
ordered by the mayor and council as the law provides. That the mayor had no authority to give 
notice and fix the time andplace of holdingthe election in the absence of any action by the council. 
That the time and place could only be fixed by the mayor and council, and that this omission 
was not cured, nor the act of the mayor rendered valid by the fact that the council canvassed 
the returns of the election, and thereafter by a vote, approved of the act of the mayor in calling 
the election. That no election for this purpose could be made legal unless called, and the time 
and place fixed by the mavor and council. Stephens v. The People ex. rel., Wider et al., Sup. Court 
111., Sept. term, 187 

(3) See form of notice of election, by mayor, Div. II, post. 

A failure to state in the notice where the election shall be beld, when places of 
holding the election are in fact appointed, will not render invalid the election because the places 
-of voting are not specified. Chicago v. The People ex rel. etc., 80 111. R., 496 



ART. I.] ORGANIZATION OF CITIES. 19 

under general law ;" or "Against city organization under general 
law." The judges of such election shall make returns thereof to 
the city council, whose duty it shall be to canvass such returns, 
and cause the result of such canvass to be entered upon the records 
of such city.(l) If a majority of the votes cast at such election 
shall be for city organization under general law, such city shall 
thenceforth be deemed to be organized under this act ; and the 
city officers then in office shall, thereupon, exercise the powers 
conferred upon like officers in this act until their successors shall 
be elected and qualified. (2) 

4. How towns may become cities.] § 4. Any incorporated 
town or village, in this State, having a population of not less than 
one thousand. (1000) inhabitants, may become incorporated as a 
city in like manner as hereinbefore provided ; but in all such cases 
the president and trustees of such town or village shall, respec- 
tive^, perform the same duties relative to such change of organi- 
zation as is above required to be performed by the mayor and 
council of cities. (3) [As amended by act approved March*25, 1877, 
in force July 1, 1877.] (4) 

5. Organizing a city — Petition — Election — Result. J § 5. 
Whenever any area of contiguous territory in this state, not ex- 
ceeding four square miles, shall have resident thereon a population 
of not less than one thousand inhabitants, which shall not already 
be included within any incorporated town or city, the same may 
become incorporated as a city in manner following : Any fifty 
legal voters thereof may file in the office of the clerk of the county 
court, of the county in which such inhabitants reside, a petition, 
addressed to the judge of such court ; and if the territory 
described in said petition shall be in more than one county, then 
the petition shall be addressed to the judge of the court where a 
greater part of such territory is situated ; which petition shall 
define the boundaries of such proposed city, and state the number 



(1) See form of canvass of votes, and result to be entered upon the records of the city. Div. II, 
post 

(2) Gross irregularities "by tlie judges of election in conducting an election in speci- 
fied wards of a city will not necessarily render the election void. Such irregularities may be 
reason for rejecting returns from wards specified. Chicago v. The People ex rel., 80 111. R., 496. 

(3) The proceedings under this section will be substantially the same as prescribed under the 
preceding sections, in case of changing from a special city charter. See forms Div. II, 2>ost. 

(4) The term town, or incorporated town, existed in the statutes of this State prior to 
the revision of the constitution In 1870. Previous to that the statutes provided by a general in- 
corporation law for the organization of municipal corporations styled towns, where the popula- 
tion exceeded one hundred and fifty inhabitants. Rev. Stat. 1845, chap. 25. The term village, 
was not used in our law until the present constitution. Special charters were likewise granted 
by the legislature in numerous instances, creating municipal corporations, with limited powers, 
styled towns. Incorporated towns mentioned in this act has reference to those corporations 
created as aforesaid. 



20 CITIES AND TILLAGES — INCORPORATION ACT. [DIV. I. 

of inhabitants residing within such limits, and also state the name 
of such proposed city, and shall contain a prayer that the ques- 
tion be submitted to the legal voters residing within such limits, 
whether they will organize as a city under this act.(l) It shall be 
the duty of the county judge to fix a time and place, within the 
boundaries of such proposed city, at which an election may be 
held to determine such question ; and such judge shall name the 
persons to act as judges in holding such election, and shall give 
notice thereof by causing ten notices to be posted in public places 
within such proposed city. (2) And the third section of this article 
shall be applicable to such election : Provided, that the returns of 
such election shall be made to and canvassed by the county judge 
and any two justices of the peace whom he shall call to his assis- 
tance, instead of the city council ; and the result of such election 
shall be entered upon the records of such county court. (3) If a 
majority of the votes cast at such election shall be " For city 
organization under general law," the inhabitants of such territory, 
described in such petition, shall be deemed to be incorporated as 
a city, under this act, and with the name stated in the petition. 
[See § 175.(4) 

6. Courts to take judicial notice of organization, etc.] § 6. All 
courts in this state shall take judicial notice of the existence of 
all villages and cities organized under this act, and of the change 
of the organization of any town or city from its original organiza- 
tion to its orgauization under this act ; and from the time of such 
organization, or change of organization, the provisions of this 
act shall be applicable to such cities and villages, and all 
laws in conflict therewith shall no longer be applicable. But all 
laws or parts of laws, not inconsistent with the provisions of this 
act, shall continue in force and applicable to any such city or 
village, the same as if such change of organization had not taken 
place. (5) 

(1) See form of petition for organizing city of contiguous territory, Div. II, post. 

(2) See form of notice of election "by county judge, Div. II, post. 

(3) See form of entry of result of election upon records of the county court, Div. II, post. 

(4) In tlie absence of constitutional limitation, the legislature has poAverto create 
municipal corporations, as -well in regard to a town six miles square, as to a village with less 
territory. Greeley v. The People, 60 111. R., 19; Lankenan v The People 62 111. E., 287- Castle v. The 
People, 62 m. R.,287. 

(5) Before judicial notice can l>e taken of a c3iange in the organization of a city, or 
of an original organization under the law of 1872, it must somewhere and in some way appear 
in the record that the city or its authorities are acting under this law. Brush v. Lemma, 11 111. 
R. 496. 

Courts will judicially notice the charter or incorporating act of a municipal corpor- 
ation without heing specially pleaded, not only when it is declared to be a public statute, but 
where it is public or general in its nature or purposes, though there is no express provision to 



ART I.] ORGANIZATION OF CITIES. 21 

7. Election of officers. ] § 7. It shall be the duty of the president 
and board of trustees of any town which shall have voted to 
change its organization to a city, under this act, to call and give 
notice of an election to elect city officers, and to designate the time 
and place or places of holding the same. Such notice shall be 
published in a newspaper, if there be one, within the town, or 
posted in ten public places, for at least twenty days before such 
election. (1) Such president and trustees shall appoint the judges 
and clerks to hold such election, canvass the returns thereof, and 
cause the result to be entered upon the records of the town; 
and the provisions of this act, relative to the election of city offi- 
cers, shall be applicable thereto ; but, at such election, aldermen 
may be elected on a general ticket. (2) 

that effect. But the acts, votes, and ordinances of the corporation are not public matters, and 
must be pleaded. Dillon on Mun. Corp., g 50. 

Until there is an. organization by election and qualification of the number of per- 
sons, being the several integral parts of the corporation, required by the act of incorporation, no 
municipal corporation or government is in existence. Haynes v. Co. of Washington, 19 111. R., 66. 

Irregularities in the Proceedings to organize a corporation are not favored when 
set up, long afterwards, to defeat the corporate existence. Jameson v. People, 16 111. R., 257 ; Fitch 
v. Pinckard, 4 Scam. R., 76 ; Dunning v. Railroad Co., 2 Ind. R., 4;J7. 

Where a corporation is created, and declared to exist as such, by the legislature, without con- 
dition, proof of organization or user is not necessary to enable them to maintain an action. 
Cahill v. Insurance Co., 2 Doug. (Mich.) R., 124; Fire Department v. Kipp, 10 Wend. R., 266; Dillon 
on Mun, Corp., p. 168, note 1. 

But the day indicated by the Legislature as the day on which the election at the or- 
ganization is to be held is merely directory, and an election may be had upon a subsequent day. 
Coles County v. Allison, 23 111. R. 437. So the annual election may be held afterwards, when the 
annual day has, by some means free from design or fraud, been passed by without an election. 
People ex rel. v. Fairbury, 51 111. R., 149. 

Where a municipal corporation has been recognized by enactment of the General 
Assembly, all inquiry into the original organization of the corporation is precluded, and after 
long continued use of corporate powers, and the acquiescence of the public in them, the law 
will indulge in presumptions in support of their legal existence. Jameson et al. v. The People ex 
rel., 16 111. R., 257. The People ex rel v. Farnham et al., 35 111. R., 562. 

The powers conferred upon municipal corporations may at any time be altered 
or repealed by the legislature, either by a general law operating upon the whole State, or in 
absence of constitutional restriction by special act. Dillon on Mun. Corp., # 52, and cases cited. 

Repeals by implication are not favored; and special laws conferring particular 
rights upon municipal corporations were held not to be repealed by subsequent statutes, general 
in their character. Ottawa v. County, 12 111. R., 339; Egypt Street, 2 Grant (Pa.) Cas. 455. 

It is a principle of very extensive' operation, that statutes of a general nature do not repeal, by 
implication, charters and special acts passed for the benefit of particular municipalities. Dillon 
on Mun. Corp,, \ 54, and cases cited. 

Production of the Charter, and proof of acts done under and in conformity with 
it, is sufficient to prove the existence of the corporation. President, etc. v. Thompson, 20 111. R., 
197. Hamilton v. President, etc., Carthage, 24 111. R.. 22 ; Kettering v. Jacksonville, 50 111. R., 39. 

The existence of a municipal corporation cannot be put in question collaterally, as in 
a proceeding to collect a fine. President, etc., v. Thompson, 20 111. R., 197 ; Hamilton v. President, 
etc., Carthage. 24 111. R., 22; Kettering v. Jacksonville, 50 111. R., 89. 

After a corporation lias been regularly organized, a subsequent election of a per- 
son ineligible to an office does not of itself dissolve the corporation. President, etc., v. Thompson, 
20 111. R., 197. 

An information in the nature of a quo warranto, on the relation of a private indi- 
vidual, Avill not lie against a municipal or public corporation, such as a city, village or town. 
Per McAllister, Breese and Walker, JJ., Chicago v. The People ex rel., 80 111. R., 496. 

An election for the adoption of a Charter, by a city, town or village, cannot be con- 
tested by quo warranto. Per Walker, J., Chicago, v. The People ex rel., 80 111. R., 496 

(1) See form of notice for election of officers, Div. II, post. 

(2) See post. Art. III. The forms given in case of city elections may be used in elections 
under the above section. 



22 CITIES AND TILLAGES — INCORPORATION ACT. [DIV. I. 

8. When comity judge to give notice of an election, etc.] 

§8. In case of cities organizing under section five (5) of this arti- 
cle, the county judge shall call and give notice of the election, 
and perform the same duties relative thereto as is above required 
to be performed by president and trustees of such town, and in 
canvassing such returns shall call to his assistance two justices of 
the peace. [See § 52. 

9. Term of first officers.] § 9. The city officers elected under 
either of the preceding sections, shall hold their respective offices 
until the next succeeding regular election for such officers, respec- 
tively, and until their successors are elected and qualified, as pro- 
vided in this act. 

10. Corporate name— Powers.] § 10. Cities organized under 
this act shall be bodies politic and corporate, under the name and 
style of " City of (name)," and under such name may sue and be 
sued, contract and be contracted with, acquire and hold real and 
personal property for corporate purposes, have a common seal, 
and change the same at pleasure, and exercise all the powers here- 
inafter conferred.fi) 



(1) Ineox*porated cities arc liable, in this State, to a private action for the re- 
covery of damages resulting from a neglect of duty on the part of the city authorities to keep 
its streets and cross walks in repair. City of Peru v. French, 55 111. K., 318, 

A plaintiff can not recover for injuries received through the defendant's 
negligence, where his own negligence has contributed to such injuries, unless his negligence 
was slight and that of the defendant gross when compared with each other. Village of Kewanee 
v. DePew, 80 111. R., 119. 

A party has no right to knowingly expose himself to danger, and then to re- 
cover damages for an injurv which he might have avoided by reasonable precaution. Meidel v. 
Authis, 71 111. R., 240. 

A municipal corporation is not liable to vindictive or punitive damages, 
unless there is proof that the injury is wilful. City of Chicago v. Kelly, 69 111. R., 475. 

In an action to recover for a personal injury received in consequence of negli- 
gence and omission of duty on the part of a city, evidence that plaintiff had a wife, seven young 
daughters and two sons, in Ireland, at the time of the accident, and that he was their supporter, 
as a lecturer; it was held that exemplary damages were not recoverable in such case. City of 
Chicago v. 0' Brennan, 65 111. R., 160. 

The power to sue and be sued, includes authority to settle or adjust claims, by 
a municipal corporation. President, etc., v. Mappin et at., 14 111. R., 193. 

When a municipal corporation settles with a party who has been injured by the 
negligence of one of the citizens in leaving a hole opened at night without warning, to entitle it 
to recover back from such wrong doer, it must show by its pleadings and proofs that the town 
was legally liable to the party injured. Fahcy v. Pres. and Trustees Town of Harvard, 62 111. R., 28. 

Municipal corporations are bodies politic and corporate, established by law, 
to share in the civil government of the country, but chiefly to regulate and administer the local 
or internal affairs of the city, town or district which is incorporated. But' they possess only such 
powers as are expressly conferred by their charter or are necessary to carry into effect powers 
granted. President, etc., v. Mappin et al., 14 111. R., 193; Dillon on Mun. Corp',, § 9, 

A body corporate can act only in the mode prescribed by the law creating it, 
and a lease executed by a corporate town without a, seal is void. Kinzie v. Trustees of Chicago, 2 
Scam. R., 187. 

In general a city, as a corporation, can only bind itself for the payment of 
money for labor done for its benefit, by ordinance or by resolution or authorizing its officers, by 
either of these modes, to make such contract. Alton v.* Mulledy et al., 21 111. R., 76. 

The usual manner, however, in which a municipal corporation of this kind speaks, acts, or 
binds itself for payment of money for labor or services rendered is by ordinance or resolution. 



ART. I.] ORGANIZATION OF CITIES. 23 

11. Prior ordinances, etc., in force until, etc.] § 11. All' 
ordinances, resolutions and by-laws in force in any city or town \ 
when it shall organize under this act, shall continue in full force j 
and effect until repealed or amended, notwithstanding such change j 
of organization ; and the making of such change of organization j 
shall not be construed to effect a change in the legal identity, as a 
corporation, of such city or town. 

adopted by the common council of the incorporation. Town of Athens v. Thomas et al., 82 
111. R., 259, 

But there are instances, it is held, where corporations can be bound by contracts made by their 
agents, though not under seal, and also on implied contracts, to be deduced, by inference, from 
corporate acts, without either a vote or deed in writing. Town of Athens v. Thomas et al., 
82 111. R, 259. 

Compensation for work done outside of a special contract for a city, by direction of the Board 
of Public Works, not contemplated by any specifications in the original contract, and Avhich 
was highly advantageous to the main work, may be recovered in an action against the city. 
Sanger et al. v. City of Chicago, 65 111. R., 507. 

Contracts of a public corporation made through its officers without author- 
ity are void, and in actions thereon the corporation may interpose the plea of ultra vires, setting 
up as a defense, its own want of power, under its charter or constituent statute to enter into the 
contract. Miller v. Goodwin, 75 111., 659; People v. Dupuyt, 71 111. R., 651. 

Powers conferred vipon municipal corporations for public purposes, cannot 
be delegated, bargained or bartered away. Such corporation may make authorized contracts, 
but they have no power, as a party, to make contracts or pass by-laws which shall cede away, 
control or embarass their legislative or govermental powers, or which shall disable them from 
performing their public duties. Dillon on Mun. Corp., jj 6, and cases cited. 

Statute of limitation and estoppel. Municipal corporations ase not, as respects pub- 
lic rights, within the ordinary limitation statutes, still, the principle of an estoppel in pals is 
applicable in such cases, but it is left to the court to hold the public estopped or not, as right and 
justice may require. C. R, I. & P. E. E. Co. v. City of Joliet, 79 111. R., 25. 

The doctrine of estoppel in pais applies to municipal corporations ; but mere non-action of its 
officers is not sufficient to work an estoppel as against a municipal corporation. Logan County v. 
City of Logan, 81 111. R., 156. 

A municipal corporation may avail itself of the statute of limitations of two years, m a suit 
by a private citizen to recover damages for a personal injury. Leroy v. City of Springfield, 81 111. 
R., 114. 

An execution cannot be rightfully issued against a municipal corporation on a 
judgment for debt or damages, or costs rendered against it. City of Kinmundy v. Mahan, 72 111. 
R., 462; City of Bloomington v. Brokaw, 77 111. R., 194. 

The constitution prohibits special legislation affecting cities, towns and villages. 
The essential provisions of the constitution in this regard are as follows, Art. IV ■ 

" § 22. The general assembly shall not pass local or special laws in any of the following 
enumerated cases, that is to say, for — 

Vacating roads, town plats, streets, alleys and public grounds. 

Regulating the jurisdiction and duties of justices of the peace, police magistrates and con- 
stables. 

Incorporating cities, towns or villages, or changing or amending the charter of any town, city 
or village. 

Providing for the election of members of the board of supervisors in townships, incorporated 
cities or towns. 

In all other cases where a general law can be made applicable, no special law shall be enacted." 

" ^ 23. The general assembly shall have no power to release or extinguish, in whole or in part, 
the indebtedness, liability, or obligation of any corporation or individual to this state or to any 
municipal corporation therein." 

The clauses of section 23, article 4, of the constitution, which prohibits the gen- 
eral assembly from passing local or special laws incorporating cities, towns or villages, or chang- 
ing or amending the charter of any city, town or village, is applicable to and restrictive of the 
general assembly, in the enactment of charters or amendments to charters for cities and villages. 



24 CITIES AND VILLAGES — INCORPOKATION ACT. [DIY. I. 



12. Bights, etc., of old corporations to vest in new.] ~ § 12. 

r All rights and property of every kind and description, which were 
vested in any municipal corporation under its former organization, 
shall be deemed and held to be vested in the same municipal 
incorporation upon its becoming incorporated under the provisions 
of this act ; but no rights or liabilities, either in favor of or against 
such corporation, existing at the time of so becoming incorporated 
under this act, and no suit or prosecution of any kind, shall be 
affected by such change, but the same shall stand and progress as 
if no change had been made : Provided, that when a different 
remedy is given by this act, which may properly be made applica- 
ble to any right existing at the time of such city so becoming 
incorporated under this act, the same shall be deemed cumulative 
to the remedies before provided, and used accordingly. (1) 

13. Mecord of result of election.] § 13. The corporate author- 
ities of any city or village which may become organized under 
this act shall, within three months after organization hereunder, 
cause to be filed in the office of the recorder of deeds, in the 
county in which such city or village is situated, a certified copy of 
the entry made upon the records of the city, village or county 
court, of the canvass of the votes, showing the result of such 
election, whereby such city or village became so organized — and 
such recorder of deeds shall record the same. And such corpor- 
ate authorities shall also cause a like certificate to be filed in the 
office of the secretary of state, who shall file the same, and keep 
a registry of cities and villages organized under this act. 

It has no reference to past legislation, but simply prescribes the limit of future legislation in this 
respect, Covington v. City of East St. Louis. 78 111. R., 548. 

Section 33, art. 4, of the constitution of 1870, which provides that the general 
assembly shall have no power to release or extinguish in whole or in part the indebtedness, lia- 
bility or obligation of any corporation or individual to the state, was not intended to embrace 
a release of claims doubtful or hazardous, which the state may hold against a municipal or 
other corporation. Burr v. City of Carbondale, 76 111. R,., 455. 

The powers granted to municipal corporations are not vested rights ; their 
charters may be amended, changed or repealed by the legislature. Such corporations are sub- 
ject at all times to the legislative will, or law making power of the state. Town of Ml. Carmel v. 

Wabash County, 50 111. R., 69. 

But the power of the legislature to repeal the charter of a city cannot be ex- 
tended to the right to divert property given to the public for one use to a wholly different and 
inconsistent one. The power cannot exist to divert property from the purpose to which it was 
donated. Even upon a repeal of the charter of the city, the trust would not cease, if its purpose 
can be ascertained, but it will be enforced for the benefit of those for whose use it was intended. 

City of Jacksonville v. Jacksonville E. W. Co., 67 111. R., 540. 

(1) The new corporation is but a continuation of the old one. It has merely 
changed its machinery of government, and it is still subject to the liabilities of the old corpor- 
ation. Any debt incurred by the corporation while under its former organization would continue 
to be the debt of the corporation under its new organization. The transition from one organization 
to another does not work a dissolution or civil death of the corporation so as to affect its 
indebtedness. Olney v. Harvey et al., 50 111. R., 453. Held in this case that a Avrit of mandamus 
will lie to compel a municipal corporation to pay a judgment rendered against it, there being no 
other adequate remedy, as an execution cannot be levied upon the property of such a corporation. 



AET II.] OF THE MAYOR. 25 

xlKTICLE II. 



OE THE MAYOR. 

14. Mayor — his qualifications. 

15. Vacancy one year or more. 

16. Vacancy less than year. 

17. Mayor pro tern. 

18. Vacancy by removal from city. 

19. Mayor to preside — casting vote. 

20. When he may remove officers. 

21. His powers to keep peace. 

22. Release of prisoners. 

23. General duties. 

24. To examine records, etc. 

25. Messages to council. 

26. To call out militia, etc. — riots, etc. 

27. Misconduct, etc., of mayor or other officers — penalty. s 

28. Revising ordinances alter change of organization. 

li. Mayor— his qualifications.] § 1. The chief executive officer 
of a city shall be a mayor, who shall be a citizen of the United 
States, a qualified elector, reside within the city limits, and hold 
his office for two years, and until his successor is elected and 
qualified. (1) 

15. Yacancy one year or oyer.] § 2. Whenever a vacancy 
shall happen in the office of the mayor, when the unexpired term 
shall be one year or over from the date when the vacancy occurs, 
it shall be filled by an election. (2) 



(1) Where residence within the corporate limits is necessary in order to be 
eligible to hold an office, permanent removal from the municipality may undoubtedly be taken 
as evincing an intention to lesuvii, and as an implied resignation. Dillon on Mun. Corp., 
8167. 

Where an act provided that the mayor of a city should hold his office for one 
year, and should also have and exercise, by virtue of his said office, the jurisdiction and duties 
of a justice of the peace, and be commissioned by the governor as such, it was held void in view 
of the provision of the constitution fixing the term of office of justice of the peace at four 
years. That a person could not be recognized as a judicial officer of that kind whose term of 
office was prercribed for less than four years. People v. Maynard, 14 111. R., 419. 

(2) On the subject of vacancy ijt. elective offices the statute concerning elections, 
chap. 46, has made the following provision as to when a vacancy exists and how that fact may 
be determined : 

Rev. Stat., 466, "When office becomes vacant.] §125. Every elective office shall become 
vacant on the happening of either of the following events, before the expiration of the term of 
such office: 

First— The death of the incumbent. 

Second — His resignation. 

Third— His becoming insane. 

Fourth— His ceasing to be an inhabitant of the state; or, if the office is local, his ceasing to be 
an inhabitant of the district, county, town or precinct for which he was elected. 

Fifth— ilia conviction of an infamous crime, or of any offense involving a violation of official 
oath. 

Sixth— His removal from office. 



26 CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 

16. Yacancy less than year.] § 3. If the vacancy is less than 
one year, the city council shall elect one of its number to act as 
mayor, who shall possess all the rights and powers of the mayor 
until the next annual election, and until his successor is elected 
and qualified. 

17. Mayor pro tern.] § 4. During the temporary absence or 
disability of the mayor, the city council shall elect one of its num- 
ber to act as mayor pro tern., who during such absence or disa- 
bility, shall possess the powers of mayor. 

18. Vacancy by removal from city.] § 5. If the mayor, at 
any time during the term of his office, shall remove from the lim- 
its of the city, his office shall thereby become vacant. 

19. Mayor to preside— Casting vote.] § 6. The mayor shall 
preside at all meetings of the city council, but shall not vote 
except in case of a tie, when he shall give the casting vote. 

20. When he may remove officers.] § 7. The mayor shall 
have power to remove any officer appointed by him, on any former 
charge, whenever he shall be of the opinion that the interests of 
the city demand such removal ; but he shall report the reasons 
for such removal to the council at its next regular meeting. (1) 

21. His powers to keep peace.] § 8. He may exercise, within 
the city limits, the powers conferred upon sheriffs, to suppress 
disorder and keep the peace. (2) [See § 83 ; also Eev. Stat. "Sher- 
iffs," ch. 125, § 17; "Grim. Code," ch. 38, § 340. 

22. Belease of prisoners.] § 9. He may release any person 
imprisoned for violation of any city ordinance, and shall report 

Seventh— His refusal or neglect to take his oath of office, or to give or renew his official bond, 
or to deposit or tile such oath or bond within the time prescribed by law. 
Eighth— The decision of a competent tribunal declaring his election void." 

" Who may determine when vacancy exists.] § 126. Whenever it is alleged that a 
vacancy in any office exists, the officer, court, or county board whose duty it is to fill the vacancy 
by appointment, or to order an election to fill such vacancy, shall have power to determine 
whether or not the facts occasioning such vacancy exist." 

Under the foregoing provisions the proper authority in cities and villages to determine as to 
a vacancy would be the city council or board of trustees. 

(1) The power to remove a corporate officer from his office, for reasonable and 
just cause, is one of the common law incidents of all corporations. Dillon on Mun. Corp., g 179 

"When the terms under which the power of removal from office is to be exercised, are 
prescribed, they must be pursued with strictness. Dillon on Mun. Corp., § 183, and cases cited. 

(2) Concerning the powers of sheriffs to snppress disorder and Iteep the peace, 
the statute has made the following provisions, chapter 125 : 

Rev. Stat. 990, " Conservator of the peace.] £ 17. Each sheriff shall be conservator of 
the peace in his county, and shall keep the same, suppress riots, routs, affrays, fighting, breaches 
of the peace, and prevent crime ; and may arrest offenders on view, and cause them to be 
brought before proper magistrates for trial or examination." rsee " Criminal Code," ch. 38, g 
253, 340. 

" Posse comitates.] § 18. To keep the peace, prevent crime, or to execute any writ, war- 
rant, process, order or decree, he may call to his aid, when necessary, any person or the power 
of the county." [See " Criminal Code," ch. 38, g 245 



ART. II.] OF THE MAYOR. 27 



such release, with the cause thereof, to the council at its first 
session thereafter. 

23. General duties.] § 10. He shall perform all such duties as 
are or may be prescribed by law or by the city ordinances, and 
shall take care that the laws and ordinances are faithfully exe- 
cuted. (1). 

24. Power to examine records, etc.] § 11. He shall have 
power at all times to examine and inspect the books, records and 
papers of any agent, employee or officer of the city. 

25. Messages to council.] § 12. The mayor shall, annually, 
and from time to time, give the council information relative to the 
affairs of the city, and shall recommend for their consideration 
such measures as he may deem expedient. 

26. To call out militia, etc. — Blots, etc.] §13. He shall have 
power, when necessary, to call on every male inhabitant of the 
city over the age of 18 years, to aid in enforcing the laws and 
ordinances, and to call out the militia to aid in suppressing riots 
and other disorderly conduct, or carrying into effect any law or 
ordinance, subject to the authority of the governor as commander- 
in-chief of the militia. 

27. Misconduct, etc., of mayor or other officer— Penalty.] 
§ 14. In case the mayor or any other municipal officer shall at any 
time be guilty of a palpable omission of duty, or shall willfully 
and corruptly be guilty of oppression, malconduct or misfeasance 
in the discharge of the duties of his office, he shall be liable to 
indictment in any court of competent jurisdiction, and, on con- 
viction, shall be fined in a sum not exceeding $1,000 ; and the 
court in which such conviction shall be had shall enter an order 
removing such officer from office. [See " Crim. Code," Rev. Stat, 
ch. 38, § 208-119. 

28. Revising ordinances after change of organization.] § 15. 
He may appoint, by and with the advise and consent of the city 
council, immediately after such change of organization, one or 
more competent persons to prepare and submit to the city coun- 
cil, for their adoption or rejection, an ordinance in revision of the 
ordinances of such city, and for the government of such city, the 
compensation of such reviser or revisers to be determined and 
fixed by the city council and paid out of the city treasury. 

(1) Where power is expressly conferred. by the charter of a city, on the city 
council, as that to license the traffic in spirituous liquors, such power cannot be delegated to the 
mayor of the city by ordinance. City of Kimmundy v. Mahan et al., 72 111. R., 4G2. 

Functions to be exercised, by local public officers cannot, without special authority 
given by law, be delegated to strangers with power to act in their stead. Where there is a per- 
sonal trust reposed in such officers, there is no authority of law for delegating that trust to others, 
Jackson County v. Brush et al„ 77 111. R., 59. 



28 CITIES AND TILLAGES — INCORPORATION ACT. [dIV. I. 

ARTICLE in. 

OF THE CITY COUNCIL. 

29. Council — how composed. 

80. Number of aldermen. 

31. Term of office of aldermen. 

32. Vacancy. 

33. Qualifications of aldermen. 

34. Council judge of election and qualification of members. 

35. Rules — expulsion — bribery. 

36. Quorum — compelling attendance. 

37. Meetings. 

38. Chairman pro tern. 

39. Open doors. 

40. Journal shall be kept. 

41. Yeas and nays — record — vote required. 

42. Not rescind A T ote at special meeting unless, etc. 

43. When report laid over. 

44. Territorial jurisdiction. 

45. Special meetings. 

46. Ordinances — appeal — veto. 

47. Reconsideration — passing over veto. 

29. Council — How composed.] § 1. The city council shall con- 
sist of the mayor and aldermen. 

30. Number of aldermen.] § 2 The number of aldermen, 
when not elected by the minority representation plan, shall be as 
follows : In cities not exceeding three thousand inhabitants, six 
aldermen ; exceeding three thousand, but not exceeding five 
thousand, eight aldermen ; exceeding five thousand and not 
exceeding ten thousand, ten aldermen ; exceeding ten thousand 
and not exceeding thirty thousand, fourteen aldermen ; and two 
additional aldermen for every twenty thousand inhabitants over 
thirty thousand : Provided, hoivever, that in cities of over 100,000 
inhabitants, there shall be -elected thirty-six aldermen, and no 
more. [See § 175. 

31. Term of office.] § 3. Aldermen shall hold their office for 
the term of two-years, and until their successors are elected and' 
qualified. 

32. "Vacancy.] § 4 If any vacancy shall occur in the'~office of 
alderman by death, resignation, removal or otherwise, such vacancy 
shall be filled by election. 

33. Qualifications of aldermen.] § 5. No person shall be eli- 
gible to the office of alderman unless he shall be a qualified elector, 
and reside within the ward for which he is elected, nor shall he 
be eligible if he is in arrears in the payment of any tax or other 



AKT. III.] OF THE CITY COUNCIL. 29 

liability due to the city ; nor shall he be directly or indirectly 
interested in an}*- contract whatever to which the city is a party ; 
nor shall he be eligible if he shall have been convicted of malfeas- 
ance, bribery or other corrupt practices or crimes ; nor shall he 
be eligible to any office, the salary of which is payable out of the 
city treasury, if at the time of his appointment he shall be a mem- 
ber of the city council ; nor shall any member of the city council 
at the same time hold any other office under the city government ; 
nor shall be either directly or indirectly, individually, or as a mem- 
ber of a firm, engaged in any business transaction (other than 
official) with such city, through its mayor or any of its authorized 
boards, agents or attorneys, whereby any money is to be paid, 
directly or indirectly, out of the city treasury to such member or 
firms. 

M. Council judge of its members.] § 6. The city council 
shall be judge of the electionand qualification of its own members. 

35. Rules— Expulsion— Bribery-] § 7. It shall determine its 
own rules of proceeding, punish its members for disorderly 
conduct, and with the concurrence of two-thirds of the aldermen 
elect, may expel a member, but not a second time for the same 
offense : Provided, that any alderman or councilman who shall 
have been convicted of bribery shall thereby be deemed to have 
vacated his office. (1) 

36. Quorum— Compelling attendance.] § 8. A majority of the 
aldermen elect shall constitute a quorum to do business, but a 
smaller number may adjourn from time to time, and may compel 
the attendance of absentees, under such penalties as may be pre- 
scribed by ordinance. (2) 

37. Meetings.] § 9. The city council may prescribe, by ordin- 
ance, the times and places of the meeting thereof, and the manner 
in which special meetings thereof may be called. (3) 

(1) What is intended by this section is that the council will prepare and adopt a general set of 
rules governing its proceedings. In the absence of any prescribed rules, the rules of parliamen- 
tary law, as generally practiced, would be deemed applicable. In the latter part of this book 
will be found a set of rules suggested in such cases. See Div. II. post. See also general rules of 
paliamentary law, post. 

(2) See form of ordinance concerning absentees, Div. II, post. 

(3) See general form of ordinances suggested concerning council meetings, post. 

The city council of cities is referred to in our statutes as " the legislative authority 
of the city." .barge powers are granted these bodies by this act, which is sanctioned by the 
general policy of the statutes, whereby these corporations enjoy the dignity of a law making 
power, their ordinances having all the force of statutes within their territorial jurisdiction. 
Mason v. City of Shawneetoivn, 77 111. R., 533. In their proceedings they are a deliberative body, 
governed by general parliamentary rules ; and the law, as expounded by the courts in regard 
to the legislature or general assembly of the state, would seem to be generally applicable to a 
city council, keeping in view this fundamental principle of difference, that in case of the gen- 
eral assembly the constitution operates to a certain extent as a limitation of power, while a city 
council possesses no power except that which is delegated by the statutes. ~FLeld v. The People, 2. 
Scam. R., 79; The People v. Solomon, 51 111. R.,49. 



30 CITIES AND VILLAGES— INCOKPOEATION ACT. [DIV. I. 



38. Chairman pro tern.] § 10. It may elect a temporary chair- 
man in the absence of the mayor. 

39. Open doors.] § 11. It shall sit with open doors. 

40. Journal.] § 12. It shall keep a journal of its own pro- 
ceedings. (1) 

41. Yeas and nays— Record— Tote required.] § 13. The yeas 
and nays shall be taken upon the passage of all ordinances, and 
on all propositions to create any liability against the city, or for 
the expenditure or appropriation of its money* and in all other 
cases at the request of any member, which shall be entered on the 
journal of its proceedings ; and the concurrence of a majority of 
all the members elected in the city council shall be necessary to 
the passage of any such ordinance or proposition : Provided, it 
shall require two-thirds of all the aldermen elect to sell any city 
or school property, (2) 

42. Not to rescind yote at special meeting, unless, etc.] § 14. 
No vote of the city council shall be reconsidered or recinded at a 
special meeting, unless at such special meeting there be present 
as large a number of aldermen as were present when such vote 
was taken. 

43. When report laid over.] § 15. Any report of a commit- 
tee of the council shall be deferred for final action thereon, to the 
next regular meeting of the same after the report is made, upon 
the request of any two aldermen present. 

"Where the members of the legislature dispersed and went to their homes and did 
not again assemble, but the journals contained no record or entry of a formal adjournment, the 
conduct of the members in this regard was considered as an act of adjournment, and that the 
session was thereby terminated. An entiy on the journals was not necessary under the circum- 
stances to constitute an adjournment, Where it was claimed that the two houses of the general 
assembly were in session during a certain period thereafter, but the journals during all this time 
contained no entry of any proceedings whatever, it was considered conclusive that the general 
assembly were not during that time in session. The People v. Hatch, 33 111. R., 9. 

(1) See form of journal of proceedings, Div. II, post. 

In. regard to proceedings in the general assembly of the state it is held that the 
same legislature which passed a law, may correct its journals at the same or a subsequent ses- 
sion, so as to make the truth appear. Turley v. The County of Logan, 17 111. R., 151. 

(2) "Where a hill is signed by the speakers of both houses of the general assembly, 
and approved by the governor, it will be presumed to have been passed in conformity with all 
the requirements of the constitution, and that it is valid until the presumption is overcome by 
legitimate proof, clear and convincing in its character. Larrison v. Peoria, A. & D. E. E. Co., 77 
111. R., 11. 

"Where in the general assembly the journals of the senate showed senate bill No. 
453 for "■ An act to incorporate the Peoria, Atlanta and Danville Railroad Company," was intro- 
duced, read a first and second time, and referred to a committee ; and that the committee to whom 
was referred senate bill No. 453, for " An act to incorporate the Peoria, Atlanta and Decatur Rail- 
road Company," reported back the same with amendments, and that the same was engrossed for 
a third reading and finally passed, upon the call of the ayes and noes. Held that the proof failed 
to raise even a doubt of the passage of the bill, and that these entries failed to show that there 
were two bills pending, of the same number, and that the number showed its identity. Larrison 
T. Peoria, A. & £>. E. E. Co., 77 111. R., 11. 



ART. in.] OF THE CITY COUNCIL 31 

44. Territorial jurisdiction.] § 16. The city council and 
board of trustees shall also have jurisdiction in and over all places 
within one-half mile of the city or village limits, for the purpose 
of enforcing health and quarantine ordinances and regulations 
thereof. [See § 71, 170, 215, 216, 229. 

45. Special meeting.] § 17. The mayor or any three alder- 
men may call special meetings of the city council. (1) 

40. Ordinances — Approval — Veto.] §18. All ordinances passed 
by the city council shall, before they take effect, be deposited in 
the office of the city clerk ; and if the mayor approves thereof, he 
shall sign the same, and such as he shall not approve he shall 
return to the council, with his objections thereto, in writing, at the 
next regular meeting of the council occurring not less than five 
days after the passage thereof. Such veto may extend to any one 
or more items or appropriations contained in any ordinance mak- 
ing an appropriation, or to the entire ordinance; and in case the 
veto only extends to a part of such ordinance, the residue thereof 
shall take effect and be in force. (2) But in case the mayor shall 
fail to return any ordinance, with his objections thereto, by the 
time aforesaid, he shall be deemed to have approved such ordin- 
ance, and the same shall take effect accordingly. (3) 

47. Reconsideration— Passing over veto.] § 19. Upon the re- 
turn of any ordinance by the mayor, the vote by which the same 
was passed shall be reconsidered by the council ; and if, after 
such, reconsideration, two-thirds of all the members elected to the 
city council shall agree, by yeas and nays, to pass the same, it 
shall go into effect, notwithstanding the rnayor may refuse to 
approve thereof. The vote to pass the same over the mayor's 
veto shall be taken by yeas and nays, and entered on the 
journal. (4) 

(1) See form of notice of special meeting of the council, Div. II, post. 

(2) See form of veto, Div. II, post. 

(3) Where the governor fails to return a bill presented to him by the general 
assembly, within the ten days prescribed, and refuses to authenticate the same according to the 
provisions of the statute, the question as to whether it be a law, could properly arise only in a 
case brought betore the court for adjudication, the foundation of which should be the assertion 
of a right or privilege claimed under and by force of such act, and against one who may have 
resisted that right. T/ie People v. Hatch, 33 111. R., 9. 

The term veto signifies, literally, I forbid : as used in the statutes it relates to the refusal of the 
executive officer, whose assent is necessary to perfect a law which has been passed bv the legis- 
lative branch ot the government, and the message which is usually sent, stating such refusal 
and the reasons therefor. The message of the executive in such cases is called a veto message 
See Bouv. Law Diet., Title " Veto." The provision of this act, in regard to veto of ordinances 
"y,.,? I J ia y? r > 1S substantiality the same as that in the constitution of the state in regard to veto 
ot bills by the governor. 

(4) What is meant hy reconsideration in the above section is, again taking the 
sense ot the council on the ordinance. The question being thus, " Shall the ordinance pass not- 
withstanding the mayor's objections." 



32 CITIES AND VILLAGES — INCOKPOEATION ACT. [DIV. I. 



AKTICLE IV. 

ELECTIONS. 

48. Annual election. 

49. Election of mayor. 

50. Who entitled to vote. 

51. Wards. 

52. Aldermen at first election — classified. 

53. Minority representation. 

54. Aldermen under minority representation. 

55. Aldermen when minority plan not adopted. 

56. Council to designate place of election — notice. 

57. Manner of conducting elections. 

58. Result — tie. 

59. Notice to persons elected or appointed. 

60. Where no quorum in office — special election. 

61. Special election. 

48. Annual election.] § 1. A general election for city officers 
shall be held on the third Tuesday of April of each year: Pro- 
vided, that in cities "which include wholly within their corporate 
limits a town or towns, such elections shall be held on the first 
Tuesday of April. [Amended by act approved and in force 
March 9, 1877. 

49. Election of Mayor, city clerk, attorney and treasurer.] 
§ 2. At the general election held in 1877 and biennially thereafter, 
a mayor, a city clerk, a city attorney, and a city treasurer shall be 
elected in each city: Provided, that no person shall be elected to 
the office of city treasurer for two terms in succession. [Amended 
by act approved and in force March 26, 1877. 

50. Who entitled to vote.] § 3. All persons entitled to vote 
at any general election for state officers within any city or village, 
having resided therein thirty days next preceding thereto, may 
vote at any election for city or village officers. (1) See Rev. Stat. 
"Elections," ch. 46, § 65, 66 ; Const., art. 7, § 1, p. 73. 

(1) On the subject of voters at general elections, the statute concerning elections ; 
Revised Statutes, chapter 46, makes the following provisions : 

Rev. Stat, 460. "Whomayvote. §65. Every person having resided in this state one year, in 
the county 90 days, and in the election district 30 days next preceding any election therein, who 
was an elector in this state on the first day of April, in the year of our Lord 1848, or obtained a 
certificate of naturalization before any court of record in this state prior to the first day of Jan- 
uary, in the year of our Lord 1870, or who shall be a male citizen of the United States, above the 
age of 21 years, shall be entitled to vote at such election. See Const., Art. 7, § 1, which is in the 
words of this section. 

§ 66. Residence. A permanent abode is necessary to constitute a residence within the mean- 
ing of the preceding section." 

As to the mode of conducting elections, qualification of voters, and the election law generally, 
see Haines' Township Organization Laws, Title "Elections," where the election laws of the 
state will be found in full, together with decisions of the courts relating thereto. 



AET. IV.] ELECTIONS. 33 

51. Wards.] § 4. The city council may, from time to time, 
divide the city into one-half as many wards as the total number 
of aldermen to which the city is entitled ; and one alderman shall, 
annually, be elected in and for each ward, to hold his office for 
two years, and until his successor is elected and qualified. In the 
formation of wards, the population of each shall be as nearly 
equal and the ward shall be of as compact and contiguous terri- 
tory as practicable. 

52. Aldermen at first election— Classified.] § 5. At the first 
election under this act, there shall be elected the full number of 
aldermen to which the city shall be entitled. At the first meeting 
of the city council after such election, the aldermen elected shall 
be divided, by lot, into two classes: those of the first class shall con- 
tinue in office for one year, and those of the second for two years. 
And upon any increase of the number of aldermen at their first 
election, one-half shall be elected for one year, and one-half for 
two years. 

53. Minority representation.] § 6. Whenever this act shall 
be submitted to the qualified electors of any city for adoption, 
there shall be submitted at the same time, for adoption or rejec- 
tion, the question of minority representation in the city council or 
legislative authority of such city. At the said election the ballots 
shall be in the following form : " For minority representation in 
the city council," or "Against minority representation in the city 
council." And at any subsequent time, on petition of the legal 
voters equal in number to one- eighth the number of legal votes 
cast at the next preceding general city election, the city council 
shall cause the question of minority representation to be submit- 
ted to the legal voters of said city, and the ballots shall be in form 
as provided in this section: Provided, that no such question of 
representation shall be submitted more than once in every two 



A party who leaves this state without any settled intention of acquiring a res- 
idence elsewhere, but only with a conditional intention of so doing, does not lose his residence 
here so long as that intention remains conditional. Wilkins v. Marshall, 80 111. 11., 74. 

"Where a person votes at an election without having been registered, and 

without any proof of right, if it does not appear he was challenged, or any objection made to 
his voting, the presumption must be that he was a legal voter, and so known to the judges of 
the election. Dale v. Irwin, 78 111. 11., 170. 

The undergraduates of a college, -who are free from parental control, and 

regard the place where the college is situated as their home, having no other in which to return 
to in case of sickness or domestic affliction, are as much entitled to vote as any other resident of 
the town pursuing his usual avocation. Dale v. Irwin, 78 111. li., 170. 

The constitution of 1870 does not provide that all persons who at any time became 
electors by virtue of the constitution of 1848, shall be entitled to vote, or that, every person who 
was or became an elector under that constitution, shall be so entitled. It only authorises those 
persons to vote who were electors on the first day of April, 1848. Aliens who were minors on 
that day were not electors, and consequently are not entitled to vote Beardstown ct al. v Vir- 
ginia et al., 70 111. R., 34. 



d4 CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 

years. The judges of such elections shall make returns thereof 
to the city council, whose duty it shall be to canvass such returns, 
and to cause the result of such canvass to be entered on the 
records of such city. If a majority of the votes cast at such 
-election shall be " For equal representation in the city council," 
then the members of the city council or legislative authority of 
such city shall be thereafter elected in the following manner: The 
council or legislative authority of such city, at least one month 
before the general election in the year in which this act shall take 
effect in such city, shall apportion such city, by dividing the pop- 
ulation thereof, as ascertained by the last federal census, by any 
number not less than two nor more than six, and the quotient 
shall be the ratio of representation in the city council. Districts 
shall be formed of contiguous and compact territory, and contain, 
as nearly as practicable, an equal number of inhabitants. (1) [As 
amended by act approved March 27, 1874 ; in force July 1, 1874. 

54. Aldermen under minority plan.] § 7. Every such dis- 
trict shall be entiled to three aldermen, who shall hold their office 
for two years, and until their successors shall be elected and qual- 
ified , Provided, that those elected at the first election, from the 
wards bearing odd numbers, shall only hold their office for one year, 
and until their successors shall be elected and qualified. Vacan- 
cies occurring by the expiration of term, shall be filled by the 
election of aldermen for the full term of two years. Vacan- 
cies arising from any other cause than the expiration of term, 

; shall be filled at an election to be held by the voters of the dis- 
trict in which such vacanc} r shall occur, at the time designated by 
the city council. In all elections for aldermen, aforesaid, each 
-qualified voter may cast as many votes as there are aldermen to 
be elected in his district, or may distribute the same or equal 
parts thereof, among the candidates, as he shall see fit, and the 
candidate highest in votes shall be declared elected. [As amended 
by act approved March 27, 1874 ; in force July 1, 1874. 

55. Aldermen when minority plan not adopted.] § 8. If a 
majority of the votes cast at such election shalll be "Against 
minority representation in the city council," the preceding section 

(1) In submitting tlie 'question of minority representation to be voted on at an 
election to decide upon adopting the general incorporation law, no ordinance of the city coun- 
cil is necessary for that purpose : the statute itself provides for submission of the question. It 
becomes a question to be voted on at such election by force of the statute. And an election in a 
city to determine the question of becoming incorporated under the act of 1872, is not invalid on 
account of the city authorities failing, in the ordinance calling such election and in the notice 
thereof, to submit, at the same time, the question of minority representation. Chicago v. The 
People exr el., 80 111. R., 496. 

See form of petition and order of the city council submitting question of minority represen 
station at any subsequent time, Div. II, post. 



ABT. IV.] ELECTIONS. 35 

shall be null and void, so far as it relates to such city at such 
election, and the aldermen of such city shall be elected as other- 
wise provided for in this act. 

56. Place of election— Notice.] § 9. The city council shall 
designate the place or places in which the election shall be 
held, and appoint the judges and clerks thereof, and cause notice 
to be printed in some newspaper published in such city, if there 
be one, or posted at each voting place in such city, of the time, 
places of election, and of the officers to be elected, for at least 
twenty days prior to such election. (1) 

57. Manner of conducting elections, etc.] § 10. The manner 
of conducting and voting at elections to be held under this act and 
contesting the same, the keeping of poll lists and canvassing the 
votes, shall be the same, as nearly as may be, as in the case of the 
election of county officers, under the generel laws of this state. 
The judges of election shall appoint clerks, when necessary to fill 
vacancies, and the judges and clerks shall take the same oath and 
have the same powers and authority as the judges and clerks of 
general state elections. After the closing of the polls, the ballots 
shall be counted and the return made out and returned, under 
seal, to the city or village clerk, as the case may be, within two 
days after the election ; and, thereupon, the city council or board 
of trustees, as the case may be, shall examine and canvass the 
same and declare the result of the election, and cause a statement 
thereof to be entereclupon its journals. (2) See Eev. Stat. "Elec- 
tions," ch. 46, § 48, seq. 

58. Result — Tie.] § 11. The person having the highest num- 
ber of votes, for any office, shall be declared elected. In case of 
a tie in the election of any city or village officer, it shall be deter- 
mined by lot, in presence of the city council or board of trustees, 
in such manner as they shall direct, which candidate or candidates 
shall hold the office. 

59. Notice to persons elected or appointed.] § 12. It shall be 
the duty of the village or city clerk, within five days after the 
result of the election is declared or appointment made, to notify 
all persons elected or appointed to office of their election or 
appointment, and unless such persons shall respectively qualify in 
ten days after such notice, the office shall become vacant. (3) 

(1) See forms under the above section, Div. II, post. 

(2) See Haines' Township Organization Laws. Title "Elections." 
See forms of canvass of votes and entry on the journals, Div. II. post. 

A numbered ballot slaoniM not be rejected, in counting the votes at an election, merely 
because an unnumbered ballot is found folded within the same. Dale v. Irwin, 78 111. R, 170. 

(3) See form of notice to persons elected, Div. II, post. 



36 CITIES AND TILLAGES — INCORPORATION ACT [DIV. I. 

60. Wlien no quorum in office — Special election.] § 13. If, 
for any cause, there shall not be a quorum in office of the city 
council or board of trustees, the mayor, clerk, or any alderman or 
trustee, as the case may be, may appoint the time and place for 
holding a special election to supply such vacancy and give notice 
and appoint the judges thereof. (1) 

61. Special elections.] § 14. If there is a failure to elect any 
officer herein required to be elected, or the person elected should 
fail to qualify, the city council or board of trustees may forthwith 
order a new election therefor ; and in all cases, when necessary 
for the purposes of this act, may call special elections, appoint 
judges and clerks thereof, canvass the returns thereof, and provide 
by ordinance for the mode of conducting the same ; and shall give 
notice of such special elections, in which shall be stated the ques- 
tions to be voted upon, and cause such notices to be published or 
posted for the same length of time and in the same manner as is 
required in the case of regular annual elections in such cities or 
villages. (2) 

AKTICLE Y. 

OF THE POWERS OE THE CITY COUNCIL. 

62. General powers of the city council. 

63. Style of ordinances. 

64. Publication of ordinances — when they take effect. 

65. Proof of ordinances. 

66. Suits for violating ordinances. 

67. Fines and licenses paid to treasurer. 

68. Summons — affidavit — punishment. 

69. Jurisdiction of justices, etc. 

70. Constables and sheriffs may serve process, etc. 

71. Jurisdiction over water. 

62. Powers.] § 1. The city council in cities, and president 
and the board of trustees in villages, shall have the following- 
powers :(3) 

(1) Tne provision of tlie above section is intended to apply to cases where the council 

or board of trustees is reduced by vacancies so that there are not members enough in office to 
make the number necessary for a quorum, whereby a legal meeting can be held so as to order 
an election. In that case the mayor may call a special election. If that office is vacant, then the 
clerk should act. If both mayor and clerk are vacant then any alderman or trustee should act. 
The law seems to contemplate action in the foregoing order. If, however, the officers first named 
refuse to act, any of them last named have authority to do so. 
See form of notice of special election by mayor, clerk, alderman or trustee, Div. II, post. 

(2) See forms for order of new election and forms for special election, Div. II, post. 

(3) Any acts a city council may assume to perform not fairly within the powers con- 
ferred on it by statute, are vuid. City of Alton v. Aetna Insurance Co., 82 111. R., 45. 



ART. V.] OF THE POWERS OF CITY COUNCIL. 37 

First — Finances.] To control the finances and property of the 
corporation. 



Municipal corporations when empowered to enter into trade or enterprise of a 
private business character, there are no presumptions in favor of such acts, but in their perform- 
ance it must appear that the law has been strictly complied with, before the performance of 
such acts will be enforced by law. S. <£ I. S. E. Ry. Co. v. Cold Spring Tp., 72 111. R., 603, 

The members of a village council who are also made a board of education by spe- 
cial provision, can only exercise powers conferred expressly or by implication. They may do 
such things as effectuate the purposes of the creation of their body, bat they have not an 
unlimited discretion, but must look to the law creating the office for their warrant in all they do 
officially. Sherlock v. Village of Winnetka, 68 111. R., 531. 

The legislative power of the state is vested by the constitution in the general assem- 
bly, and ordinarily it cannot be delegated. But the right of the legislature to empower munici- 
pal corporations to make by laws and ordinances for the welfare and government of the inhabi 
tants of* the corporation can not be denied. Tugman v. City of Chicago, 78 111. R., 405. 

The general assembly has power to delegate legislative authority incident 
to municipal governments to cities ; but this can only be done by general law under the consti- 
tution of 1870. When, however, it is done by such law, the constitutional mandate is fully com- 
plied with, and the ordinance to be adopted by different municipalities, under the power so 
conferred, may be as variant in their terms as the varying municipal necessities, or sense ot pub- 
lic policv in those who exercise the legislative authority may require. Covington v. City of East 
St. Louis, 78 111. R., 548. 

Where the power to males by-laws and ordinances for the welfare and gov- 
ernment of the inhabitants is given to a city by the legislature, it is exercised by a body elected 
by the people affected; but if the legislature possesses the power to delegate legislative authority 
tjabody to be appointed by some judicial officer ol the state, the pec pie of the corporation 
might be deprived of self-government ; they would be governed by a body they had no voice in 
electing, which is repugnant to our theory of governments. Tugman. v. City of Chicago, 78 111. 
R., 405. 

So far as franchises of a corporation concern the public, the state may properly 
legislate touching them, and such legislation is not prohibited by that clause of the constitution 
of the United states, which forbids the passage of laws impairing the obligation of contract. Lake 
1 tew v. Roue Hill Cem. Co., 70 111. R., 191. 

Public or municipal corporations existing only for public purposes, possessing only 
such powers as are granted to them, are subject at all times to the control of the legislature. 
County of Richland v. County of Lawrence, 12 111. R., 1 ; City of Spring field v. Rower, 25 111. K., 190. 

The essential object in the creation of municipal corporations, is a better and 
more thorough system of police regulations for the benefit of the inhabitants therein. The exer- 
cise of the police power is subject to constitutional limitations, it is essential that police regula- 
tions must have reference to the comfort, safety and welfare of society, when applied to corpora- 
tions, they must not be in conflict with any of the provisions of their charters. Under the 
pretense of police regulations, a corporation can not be divested of any of the essential rights and 
privileges conferred by its charter. Lake View v. Rose Hill Cem. Co., 70 111. R., 191. 

The police power of the state is coextensive -with self protection, and is not 

inaptly termed " the law of overruling necessity." It is that inherent and plenary power in the 
state which enables it to prohibit all tilings hurtful to the comfort, safety and welfare of society. 
It may be exercised to control the use of property of corporations, as well as of private individ- 
uals. Lake View v. Rose Hill Cem. Co., 70 111. R., 191. 

It is the province of the law making power, as a general proposition, to determine 
when exigency exists, calling into exercise the police power of the state, but what are the sub- 
jects of its exercise, is clearly a judicial question. Lake View v. Rose Hill Cem. Co., 70 111. R., 191. 

Whether certain requirements belong to a system of police regulation adopted 
to aid in the protection of life and health, is properly one of legislative determination, and a 
court should not lightly interfere with such determination, unless the legislature has manifestly 
transcended its province. Daniels v. Hilgard, 77 111. R., 64a. 

All regulations of trade, with a view to the public interests, may more or less 
impair the value of property, but they do not come within the constitutional inhibition, unless 
they virtually take away and destroy those rights in which property consists, and the destruction 
must be, for all substantial purposes* total. Mann v. The People, 69 111. 11., 80. 

Generally judicial tribunals will not interfere with municipal corporations in 
their internal police and administrative government, unless some clear right has been withheld 
or wrong perpetrated. Under this rule it is the province of the municipal authorities and not 
of the judicial tribunals to determine what improvements shall be made in the streets and high- 
ways of the corporation. Dillon on Mun. Corp., g 59. 



38 CITIES AND TILLAGES — INGOBPOKATION ACT. [DIV. L 



Second — Appropriate money.] To appropriate money for cor- 
porate purposes only, and provide for payment of debts and 
expenses of the corporation. (1) 

Third — Levy taxes.] To levy and collect taxes for general and 
special purposes on real and personal property. [See § 89, 171, 
227, 231-236, 240-269. 

Fourth — Licenses.] To fix the amount, terms and manner of 
issuing and revoking licenses. (2) 

Fifth — Borrow money.] To borrow money on the credit of the 
corporation for corporate purposes, and issue bonds therefor, in 
such amounts and form, and on such conditions as it shall pre- 
scribe, but shall not become indebted in any manner or for any 
purpose to an amount, including existing indebtedness, in the 
aggregate to exceed five (5) per centum on the value of the taxa- 
ble property therein, to be ascertained by the last assessment for 
state and count}* taxes previous to the incurring of such indebted- 
ness ; and before or at the time of incurring any indebtedness, 
shall provide for the collect "on of a direct annual tax sufficient to 
pay the interest on such debt as it falls due, and also to pay and 
discharge the principal thereof within twenty years after contract- 
ing the same.(3) [See § 90, 169, 228, 2-15. 



(1) A tax for corporate purposes is a tax to be expended in a manner which shall promote 
the general prospencv and welfare of the municipality which levies ic. Livingston County v. 
Weider, 64111. ft., 427.' 

A pnfoMe festival, as a Fourth of Jaily celebration, is not a corporate purpose, and 
a municipal corporation has no authority to appropriate money therefor. Hood v. Lynn, 1 Allen 
It., 103; New London v. Brainard, 22 Conn. 11., 552. And, an unlawful expenditure of money by a 
town cannot be rendered valid by usage, however long continued. Dillon on Man. Corp., g 57. 

Under tlie constitutions, of 184.-8, tlic legislature had no power to authorize a 
municipal corporation to levy a tax to provide a location or site for a state institution. Livingston 
County v. Welder., til 111. K., 427. Under the constitution of 1870, municipal corporations are 
authorized to levy taxes only for municipal purposes. Const., Art, IX, g 9. 

On the subject of taxes for corporate purposes see § 111, post. 

(2) Concerning the power of granting license. When the power is conferred upon 
a municipal corporation to regulate any calling or business, the power must be exercised by the 
corporation in the manner prescribed, and the corporation cannot delegate the authority to exer- 
cise such discretionary power to others. The amount to be paid for a license must be fixed by 
the corporation ; it cannot be left to the discretion of an individual. East St. Louis v. Wehrung, 
50 111. It., 29. 

The amount fixed by the corporation to be paid as a license for the carrying on any calling or 
business, is not a tax, requiring uniformity. Ducat v. Chicago, 48 111. II., 172. 

A license to carry on a business is a personal privilege, and not assignable. Munsitt v. Temple, 
3 Gilm. R., 93. 

(3) Concerning municipal taxation sand, indebtedness tlie constitution lias made 
the following provisions, set forth in Art. IX : 

I 9. The general assembly may vest the corporate authorities of cities, towns and villages with 
power to make local improvements by special assessment, or by special taxation of contiguous 
property, or otherwise. For all other corporate purposes, all municipal corporations may be 
vested with authority to assess and collect taxes ; but such taxes shall be uniform in respect to 
persons and property, within the jurisdiction of the body imposing the same. 

§ 10. The general assembly shall not impose taxes upon municipal corporations, or the inhab- 
itants or property thereof, for corporate purposes, but shall require that all the taxable property 



AKT. Y.] OF THE POWEES OF CITY COUNCIL. 39 

Sixth — Issue bonds.] To issue bonds in place of or to supply 
means to meet maturing bonds, or for the consolidation or funding 
of the same. 



within the limits of municipal corporations shall be taxed for the payment of debts contracted 
under authority of law, such taxes to be uniform in respect to persons and property, within the 
jurisdiction of the body imposing the same. Private property shall not be liable to" be taken or 
sold for the payment of the corporate debts of a municipal corporation. 

" 1 12. No county, city, township, school district or other municipal corporation, shall be 
allowed to become indebted in any manner or lor any purpose, to an amount, including existing 
indebtedness, in the aggregate exceeding five per centum on the value of the taxable property 
therein, to be ascertained by the last assessment for state and county taxes, previous to the in- 
curring of such indebtedness. Any county, city, school district or other municipal corporation, 
incurring any indebtedness as aforesaid shall before, or at the time of doing so, provide for the 
collection of "a direct annual tax sufficient to pay the interest on such debt as it falls due, and 
also to pay and discharge the principal thereof within twenty years from the time of contracting 
the same. This section shall not be construed to prevent any county, city, township, school 
district, or other municipal corporation, from issuing their bonds in compliance with any vote 
of the people which may have been had prior to the adoption of this constitution in pursuance 
of any law providing therefor." 

Municipal Subscriptions to railroads or private corporations. Under this head 
the constitution, in a separate section, makes the following further provision, limiting the au- 
thority of municipal corporations : 

"No county, city, town, township or other municipality, shall ever become subscriber to the 
capital stock of any railroad or private corporation, or make donation to or loan its credit in aid 
of such corporation : Provided, however, that the adoption of this article shall not be construed 
as affecting the right of any such municipality to make such subscriptions where the same have 
been authorized, under existing laws, by a vote of the people of such municipalities prior to 
such adoption." 

The separate articles of the constitution of 1870, including that prohibiting muni- 
cipal aid to railroads or other private corporations, having been submitted to a vote of the people 
separately from the main body of the constitution, and adopte 1, became a part of the organic 
law of the state from and after the second day of July, 187U, and a constituent part of the same 
ipso facto and eo instant, no matter what became of the new constitution itself, Schall v. Bow- 
man, 62 111. R., 321 ; Richards v. Donagho, 66 111. R.. 73. 

The fact that a part of the indebtedness contracted by a municipal corporation 
for a certain purpose is within the constitutional limit will not legalize that portion of it which 
is in excess of the limit ; but the indebtedness will be valid to the extent to which the corpora- 
tion is allowed to contract. McPhersoii v. Foster, 43 Iowa R., 48. 

The legislature cannot compel a municipal corporation to incur a debt 

for merely local purposes against its own wishes. And where there is a void vote for the issuing 
of its corporate bonds in aid of a railway, and which therefore imposes no liability on the cor- 
poration, it is not within the power of the legislature to validate such vote so as to compel the issue of 
the bonds voted. Under such a law the body might issue its bonds, if it so desired, but cannot 
be compelled to do so. Cairo & tit. Louis P. P. Co. v. City of Sparta, 77 111. R., 505. 

Where bonds are issued by municipal authorities upon conditions, a vote 
thereon being had, and the vote being against the issuing of the bonds, there was no power to 
compel their issue. & & I. S. E. Py. Co. v. Cold Spring Tp., 72 Hi. R., 603. 

The saving clause of the constitution, by a reasonable construction of the 

section which prohibits donations and subscriptions by municipal corporations in aid of any 
railroad or private corporation, embraces donations as well as subscriptions voted prior to the 
adoption of the constitution. Chicago tfc Iowa P. P. Co. v. Pickney, 74 111. R., 277. 

A city being authorized to issue bonds, may, without express authority, issue bonds 
in lieu of others over due. Quincy v. Warfield, 25 111. R., 317. 

Where the charter to a town prohibited the trustees from borrowing money unless 
authorized by vote of its citizens, and they directed a street commissioner to open a street, and 
in doing so he borrowed money from a party at different times, the trustees afterwards issued 
orders on the treasury for the amount, and suit being brought for the amount due on them : 
Held, that the orders were issued in violation of law, and were void, as the transaction was. in 
substance, borrowing money without a vote of the citizens of the town. President and Trustees 
of Lockport v. Gaylord, 61 111. R., 276. 

Where a city was authorized by its charter to issue its bonds for the purpose 
of constructing a levee, but the charter was silent as to the manner of the exercise of this power, 
and did not require any vote of the people to be had as a condition to its exercise, and the city 
council was empowered to make all ordinances necessary to carry out the various provisions o'f 
the charter, it was held, that a vote had under an ordinance duly passed upon "the question of 



40 CITIES AND VILLAGES — INCOEPOEATION ACT. [DIV. I. 

Seventh — Streets.] To lay out, establish, open, alter, widen, 
extend, grade, pave or otherwise improve streets, alleys, avenues, 
sidewalks, wharves, parks and public grounds, and vacate the 
same.fl) [See Kev. Stat, "Plats," oh. 109, § 1-10. 

issuing city bonds for levee purposes, prior to the adoption of the prerent constitution, must ba 
regarded as had in pursuance of law, within the meaning of the proviso to section 12, of article 
9, of the constitution, and that under such vote, taken prior to the adoption of the constitution, 
the city was authorized to issue its bonds notwithstanding it, in connection with prior debts, 
created a corparate indebtedness, exceeding five per centum on the value of the taxable property 
of the city. Mason v. Shawneetown, 77 111. IiL, 533. 

Municipal corporations, "being created, for govermental purposes, where they 
exercise the function of subscribing in aid of railways under statutes, the power to do so must 
not only be clearly conferred, but strictly pursued. Harding v. -ft. -ft. & St. Louis E. E. Co., 65 111. 
R., 90. 

And where the charter of a town prohibits the borrowing of money unless by a vote of the 
citizens, the power given must be strictly pursued, Village of Lockport v. Qaylord. Gl 111. R., 
276. 

"Where bonds are issued to a railroad company in aid thereof, and where the con- 
ditions are that the company shall make a permanent location of the road by a certain route, it 
was held that this was an indispensable prerequisite to the delivery of the bonds, and if the railroad 
company changed its road to a materially different location, it could have no claim fcethe bonds. 
Alley ct al. v. Adams County, 76 111. R., 103. 

A bond of a municipal corporation bearing a greater rate of interest than is 
allowed by law, is not vitiated by such excess of interest, but the bond will bo held good at a 
legal rate of interest, and only the excess will be rejected. Quincy v. War field, 25 111. R., 317. 

Municipal authorities, in the absence of express authority, have no right to 
make their bonds, issued by them, payable at any other place than their treasury; but if they 
are made payable at some other place, this will not invalidate the bonds, the provision to pay at 
some other place being void. The bond is payable at the village treasury. The place of pay- 
ment in the bond otherwise will be rejected. The People ex rel. v. Tazewell Co., 22 111. R., 147 ; John- 
son v. Stark Co., 24 111. R., 75; Sherlock v. Village of Winnetka, 68 111. R., 531. 

Bonds issued and sold by a board of education of a school districts or the purpose 
of building a dormitory and boarding house, being buildings that were in no sense proper- or 
necessary for a public free school, and not authorized by law, are illegal, and no power exists to 
levy taxes to pay the interest on the same. Sherlock v. Village of Winnetka, 68 111. R., 531. 

Bonds issued by a town without any power or authority in law authorizing them 
to be issued, are absolutely void; but if the legal power to issue them existed, but was defectively 
or irregularly executed, they are only voidable, and an innocent and bona fide holder would be 
entitled to collect them. Ryan v. Lynch, 68 111. R., 160. 

Bonds issued by a municipal corporation not for a corporate purpose, are 
illegal, and there can be no innocent holders, and no tax can be rightfully levied to provide for 
their payment. Livingston County v. Weider, 64 111. R., 427 

A member of a village council has no power to purchase the bonds of the cor- 
poration he represents, at any sale made by himself, or by the body of which he is a member, 
and if he does, a tax levied to pay interest on the same may be enjoined at the suit of the tax 
payer. Sherlock v. Village of Winnetka, 68 111. R., 530. 

(1) EMINENT DOMAIN.— PUBLIC IMPROVEMENTS. 

The right of municipal corporations to take private property for streets or 
other public purposes, exists under what is called eminent domain, which is the superior right of 
the public over and above private interestsv On this subject the bill of rignts in the constitution 
has declared, Art. II 

g 13. " Private property shall not be taken or damaged for public use without just compensa- 
tion. Such compensation, when not made by the state, shall be arcertained by a jury, as shall 
be prescribed by law." 

A general law has been provided for taking property for public use, under the above secti J 
of the constitution, Rev. Stat., chap, 47, Title " Eminent Domain." 

The 13th section of the bill of rights of the constitution, 1870, is not merely 
prospective in its effect, but operated in presenti, without legislative action. Said section pro- 
yides that private property shall not be taken or damaged for public use without just compensa- 
tion, and that such compensation, when not made by the state, shall be ascertained by a jury, as 
shall be prescribed by law. The compensation for property -damaged, as well as taken, must be 
ascertained by a jury. It can neither be damaged nor taken withou. compensation ; and there 
can be no entrance upon or possession of land for public use until the compensation for the land 
damaged, as well as taken, has been paid. The People ex rel., etc., v. McRoberts, 62 111. R., 38. 



ART. V.] OF THE POWERS OF CITY COUNCIL. 41 

Eighth — Trees.] To plant trees upon the same. 

In the absence of express provision by charter or statute, a municipal corpora- 
tion is not liable to property owners for the consequential damages necessarily resulting from 
either establishing a grade, or changing an established grade of streets, although improvements 
were made in conformity of the first grade. Dillon on Mun. Corp., £ 543, and cases cited. 

The constitution of Illinois declares that "Private property shall not be taken or damaged for 
public use without just compensation." Const., Art. II, g 13. 

The damages contemplated by tlie constitution, where property is not taken for the 
use of a railway companv. must be actual, real and present damage to the property. Eberhart v 
Chic. Mil. & St. P. Ry. Co., 70 111. R, 347. 

Under the constitution, tlie full value of land taken for a public highway must 
be paid in money alone, disregarding all benefits and advantages that may result to that portion 
of the owner's land not taken, by reason of the establishing of the road ; and it is not in the 
power of the legislature to provide otherwise. Carpenter v. Jennings, 77 111. R., 250. 

But the clause of the constitution which provides that " Private property shall not be taken or 
damaged for public use. without just compensation," must receive a reasonable and practicable 
interpretation. When the property is not taken the damages must not be speculative, but real. 
If the property is not worth less in consequence of the construction of a railroad in its vicinity, 
or upon a street upon which the lots abut, than if no road were constructed, the owner will nod 
be entitled to damages, and cannot enjoin the construction of the road in the street in pursuance 
of the company's charter and the license of the city authorities. C. P. & P. I. P. P. Co. v. Fran- 
cis, 70 111. R., 238. 

Tlie words, in the act relating to eminent domain, "which may damage property 
not actually taken," relate to contiguous lands of the same owner, a part of which only are taken, 
so that where the party seeking condemnation has not embraced all the owner's contiguous lands 
not actually taken, but damaged, the owner may file a cross petition, and have the damages to 
the other lands assessed. But even in that case the damages must be direct and physical, and 
result from the taking of a portion of his land. Stetson v. The Chicago <£• Evanston Ru. Co., 75 
111. R , 74. 

A proceeding to condemn land for right of wav, being an extraordinary and sum- 
mary remedy, the party exercising the power must strictly observe all the requirements of the 
statute under which he acts. Chicago & Alton P. P. Co. v. Smith, 78 ID. R., 96. 

Where land was taken by right of eminent domain, and the proceeding com- 
menced, to have compensation ascertained before the act of 1872, on that subject, went into 
effect; Held, that the compensation should be ascertained under the law in force at the time the 
proceedings were begun. Emmerson v. Tlie Western Union P. P. Co., 75 111. R., 176. 

The property sought to be taken for a public street by a town authorized to do so, 
belonged to a corporation which acquired its title by the exercise of the rights of eminent 
domain : Held, that such fact does not affect right to take it. There is no distinction in the exer- 
cise of this right between the property of individuals and of chartered corporations, or between 
rights acquired to land by a corporation, and title held by the citizen under letters patent. The 
same great law of public necessity applies to both. C. P. I. & P. P. P. Co. v. Town of Lake, 71 111. 
R. 333. 

If the use for which private property is proposed to be taken is public, or if it 
be so doubtiul that the courts cannot pronounce it not to be such as to justify tlie compulsory 
taking, the decision of the legislature, embodied in the enactment giving, the power that a neces- 
sity exists to take the propertv, is final and conclusive. C. P. I. & P. P. P. Co. v. Town of Lake'11 
111. R., 333. 

Courts have the right to determine whether the use private property is pro- 
posed to be taken and appropriated for, is public in its nature or not ; but when the use is public, 
the judiciary cannot enquire into the necessity or propriety of exercising the right of eminent 
domain : the right is political in its nature; to determine when itisneedful to exercise it. belongs 
to the legislative branch of the government. C. R. I. & P. P. R. Co. v Town of Lake, 71 111. 
R., 333. 

Where public authorities take legal steps to widen a street and appoint com- 
missioners to assess damages, etc., this will be an admission that will estop them from claiming a 
prior dedication. Town of Princeton v. Templeton. 71 111. R., 68. 

Ordinances authorizing summary proceedings for appraisement of damages, with- 
out judicial ascertainment, are unconstitutional. Poppenx. Holmes, 44 111. R., 360; Bullock v. 
Geomble, 45 111. R., 218. 

TOWX PLATS — DEDICATION. 

The right to streets or public grounds may exist by dedication, by laying Out 
and recording a plat showing such intention. On this subject, chap. 109 of the Revised Statutes, 
makes the following provision : 

Rev. Stat., 771. " Dedication— Effect of.] $ 3. The acknowledgment and recording of 
such plat shall be held in law and in equity to be a conveyance in fee simple of such portions of 



42 CITIES AND TILLAGES INCORPOKATION ACT. [DIV. I. 



Ninth — Use of streets. ] To regulate the use of the same. 

the premises platted as are marked or noted on such plat as donated or granted to the public, or 
any person, religious society, corporation or body politic, and as a general warranty against the 
donor, his heirs and representatives to such donee or grantee for their use or for the use and 
purposes therein named or intended, and for no other use or purpose. And the premises in- 
tended for any street, alley, way, common or other public use in any city, village or town, or 
addition thereto, shall be held in the corporate name hereof in trust to and for the uses and pur- 
poses set forth or intended." 

Where a plat is executed, certified, acknowledged and recorded in conformity 
with the provisions of the statute of 1845, in relation to laying out towns, additions and subdivi- 
sions of lots, the fee of all that portion of land designated as streets and alleys, becomes absolutely 
vested in the corporation of the town or city, in trust for the use of the public. If the plat is 
recorded before the town has a corporate existence, the fee remains in abeyance, subject to vest 
in the corporation as soon as created. Making and recording the plat operates as a grant of the 
fee to the municipality as effectually as would a deed. Geb/iardt v. Beeves, 75 111. R., 301. 

The Revised Statute of 1874, on the subject involved in the foregoing case, is substantially the 
same as that of 1845. 

But in the case of an ordinary highway or where a town or city obtains a street or 
alley by dedication merely, or by condemnation, or in any mode except by what is equivalent to a 
conveyance, an easement only is acquired, and the fee remains in the original proprietor. Gcb- 
hctrt v. Beeves, 75 111. R., 301. 

When a street or highway is acquired "by dedication or user the fee will remain 
in the original proprietor, burdened with the public easement. /. B. <v W. B. B. Co. v. Hartley, 
67 111. R., 440. 

As an incorporated city or town holds the title to its streets and alleys for the 
use of the public, it has no rightful authority to grant them for any purpose inconsistent with 
the public use. City of Quincy v. Jones et at., 76 111. R., 231 ; Carter v. City of Chicago, 5/ 111. R„ 283. 

Where the plot of a town contained a Mode marked " Public Grounds," and 
there is no incorporation of the town, the power of directing what public use shall be made of 
such public ground devolves upon the legislature, as the representatives of the whole people. C. 
B. I. & P. B. B. Co. v. City of Joliet, 70 111. R., 25. 

STREETS AND ALLEYS. 

Where a street or alley, the fee of which has passed to the corporation by making 
and recording of a plat, is vacated by the corporate authorities, and its use abandoned, the fee 
that was in the city or town will revert to the original owner who dedicated the same, and not 
to the abutting lot'owner, and neither the legislature nor the corporate authorities can divest 
such owner of it. Gebhardt v. Beeves, lb 111. R., 301 ; St. John v. Quitzow, 72 111. R., 334. 

A party laying out land into lots and streets has the right to locate the streets 
where he sees proper, and when parties have acquired rights of over twenty years standing, the 
citv and the purchasers of the lots are bound by monuments as erected by the surveyor. Lull v. 
City of Chicago, 68 111. R., 518. 

Where land is laid out in lots and blocks, and a strip of land in front of the lots to 
public for a street, reserving however, a space between the lots and the street for court yards, the 
city authorities have no power to appropriate such portion dedicated as a street, for a roadway 
merely, so as to deprive the owners of lots on one side of the street and fronting thereon., of a 
sidewalk between the court yards thus reserved and the roadway proper.. Carter x. City of Chi- 
cago et al., 57 111. R., 283. 

Where tne owner of land abutting on a public street subdivided the same into 
lots, and between the street and the lots, as marked on the plat, there was a strip of land separ- 
ated from the street by a dotted line. Held, this was not a dedication of the gore to the public 
as a part of the street. To constitute a dedication, there must be an intention to make the gift, 
and an acceptance by the public. Town of Princeton v. Templeton et al., 71 111. R., 68. 

Where the owner of property -which is platted in lots and streets sells a lot, and 
reserves the right to vacate the streets, it is a reservation of all his title thereto, and the purchaser 
of the lot will not acquire title to any part of the street on which it abuts, in case it is afterwards 
vacated. St. John v. Quitzow, 72 111. R., 334. 

KEEPING IN REPAIR AND IMPROVING STREETS. 

"Where the charter of a city gives the city council full power to keep in repair 
the streets, and to provide for keeping them in repair, and to prohibit obstruction therein. This 
is power to be exercised for the public benefit, and its execution can be insisted on as a duty. 
And a writ of mandamus is an appropriate proceeding to compel them to act. People ex ret. v. 
City of Bloom ingion, 63 111. R., 207. 

A city has such control over the streets and alleys within its limits, that the township 
authorities cannot levy a tax upon its citizens for the building of a bridge within the city limits. Ot- 
tawa v. Walker et al., 21 111. R., 605 ; Commissioners etc. v. Baumgarten, 41 111. R., 254. 



AKT. V.] OF THE POWERS OF CITY COUNCIL. 43 

Tenth — Encroachments.] — To prevent and remove encroach- 
ments or obstructions upon the same. 

City authorities have usually exclusive control over the streets and alleys within 
the corporation, and may allow railroad tracks to be constructed therein. Murphy v. Chicago, 29 
111. R., 279; Moses et al. v. P. F. W. & C. R. R. Co., 21 111. R„ 516. But they must not so use them 
as to injure the property of another, or the city will be liable in damages therefor. Kevins v. 
Peoria, 41 111. R., 502. 

Tlie power to regulate streets aad sidewalhs, by a municipal corporation, includes 
the power to determine the width of each, unless limited by statute. State v. Morristovm, 33 
N. J. Law, 57; Dillon on Mun. Corp., § 538. 

Municipal corporations hold, the streets in trust for the public, and may regu- 
late and establish their grade, but this must be done so as to do no injury to the owners of abutting 
lots. City of Dixon v. Baker, G5 111. R., 518. 

Corporate authorities are vested with power to grade their streets, yet the 
private rights of persons must be regarded, and the mode in which the power is to be exercised, 
is limned in the same way and to the same extent as the power oi a private person in the use of 
his property, unless the cirv calls to its aid the right of eminent domain, to be exercised on 
making compensation. City of PeJrin v. Brereton. 67 111. R., 479. 

Municipal corporations have tlie undoubted right to alter tlte grades of streets 
at discretion, and if this is done with reasonable care, no liability arises from their acts. But if 
through negligence or unsk ill fulness of its agents damages occur, the corporation will be held 
liable. Roberts v. Chicago. 26 111. R., 249; Murphy v. Chicago, 29 111. R., 279; Kevins v. Peoria, 41 111. 
R., 502. 

A city may lower or elevate the grade of its streets, when done in good faith, 
with a view to fit them for use as streets, and cannot be held responsible for errors of judgment 
in that respect, or made liable for the inconvenience and expense of adjusting the adjacent prop- 
the grade of the street changed. But if a city, in changing the grade of a street, changes 
the grade for another purpose than that of improving the street, it is liable for damages caused to 
owners of property damaged. City of Shaumeetoum v. Mason. 82 111. R., 337. 

The municipal authorities of cities and villages are the exclusive judges of 
the propriety and necessity of the widening or laying out of a street within their corporate limits, 
and, unless there is manifest injustice, oppression or gross abuse of power in their action, a court 
of equity will not interfere with the exercise of the discretion vested in them. Dunham v. Village 
of Hyde Park, 75 111. R., 371. 

If town authorities accept a deed of land for widening a street on condition that 
a street or a portion thereof i hall be altered, if not, the land to revert, and the change is not made, 
they will be estopped to claim the land, unless they can show that they have acquired the same 
in another mode. Town of Princeton v. Templeton, 71 111. R., 68. 

A city incorporated under tlie general law has a large discretion as to the 
opening, grading and repairing of streets and sidewalks, in respect to the manner and cost of the 
same, in the exercise of which its power will not be controlled by the courts, unless there 
is great abuse operating oppressively upon individuals. Brush v. City of Carbondale, 78 111. R., 74. 

Public cr municipal authorities may when necessary cut down trees, dig up 
the earth, and may use it in improving the streets or elsewhere, and may make culverts, drains, 
and sewers upon or under the surface. Whether the municipal corporation holds the fee of the 
street or not. the true doctrine is that the municipal authorities may, under the usual powers 
given them, do all acts appropriate or incidental to the beneficial use of the street by the public, 
of which when not done in an improper and negliget manner, the adjoining fee holder cannot 
complain. Dillon on Mun. Corp., \ 544, and cases cited. 

A city is liable in damages for not Keeping its streets and sidewalks in repair. 
Scammon et al. v. Cliicago, 25H1/R., 424; Browning v. Springfield, 17 111. R., 143; Chicago v. Major. 
18 111. R., 349; Joliet v. Verley, 35 111. R., 58; Bloomington v. Bay, 42 HI. R., 507; Chicago v. Powers, 
42 111. R., 169; Champaign v. Patterson, 50 111. R., 61. 

A municipal corporation is not liable for exemplary damages in cases of neglect 
to keep its streets in repair. Chicago v. Martin et ux., 49 111. R.. 241. It will be liable only for 
compensatory damages in such cases. Decatur v. Fisher, 53 111. R., 407. 

INJURIES— LIABILITY FOR DAMAGES. 

A municipal corporation cannot be held liable for every accident that may happen. 
Where the public convenience may require a street shall be opened, such corporations are in- 
vested with discretionary power, and they cannot be held liable for simply failing to use this dis- 
cretionary power; and they have a discretion as to when they will make improvements on un- 
frequented streets, and are not liable for every accident that may occur for want of such repairs. 
City of Aurora v. Pulfer, 56 111. R., 271. 

When a municipal corporation is the projector and builder of a sidewalk, it will 
be held in law to have a knowledge of its original condition. Alexander v. Town of Mt. Sterling, 
71 111. R., 3C6. 



4A CITIES AND VILLAGES — LNCORPOKATION ACT. [DIV. I. 

Eleventh — Lighting.] To provide for the lighting of the same.(l) 
Tiuelfth — Cleansing.] To provide for the cleansing of the same. 
Thirteenth — Pipes, Sewers.] To regulate the openings therein 
for the laying of gas or water mains and pipes, and the building and 
repairing of sewers, tunnels and drains, and erecting gas lights : 
Provided, however, that any company heretofore organized under 
the general laws of this state, or any association of persons organ- 
ized, or which may be hereafter organized for the purpose of man- 
ufacturing illuminating gas to supply cities or villages, or the in- 
habitants thereof, with the same, shall have the right, by consent 
of the common council (subject to existing rights), to erect gas 
factories, and lay down pipes in the streets or alleys of any city or 
village in this state, subject to such regulations as any such ciiy 
or village may by ordinance impose. (2) 

Where the sidewalk of a city is out of repair, and remains so for a considerable 
time, actual notice will be presumed. City of Springfield v. Doyle, 76 111. R., 202. 

In exercising its power of changing the grade of its streets, if a city fails to exer- 
cise prudence and skill, it will be liable for all -damages that result from such action; as when 
water is thereby carried on to an adjoining lot which does not naturally flow off. Bloomington v. 
Brokaiv et al., 77 111. R., 194. 

A city is liable when the grade of a street has been elevated by its authority and 
wherby surface water was caused to flow into the basement of a house, whereby it was injured, 
where it appeared that the injury might have been prevented bv proper sewerage. City of Dixon 
v. Baker, 65 111. R., 518. 

A. city is liable -when it sniffers a gntter in the street, which it had constructed, to 
get out of repair, so that the water which should have been carried off, was thrown upon the lots 
of an individual near by, and such person's building is damaged in consequence of the flooding 
of the lots, the city would be liable for the damages so caused. City of Alton v. Hope, 68 111. 
R.. 167. 

A city is not required to have its sidewalks so constructed as to secure immunity 
from danger in using them, nor is it bound to employ the utmost care and exertion to that end. 
Its duty under the law, is only to see that its sidewalks are reasonably safe for persons exercising 
ordinary care and caution. The mere slipperiness of a sidewalk, occasioned by ice or 
snow, not being accumulated so as to constitute an obstruction, is not such a defect as will 
make the city liable for damages occasioned thereby. City of Chicago v. McGivcn, 78 111. R., 347. 

In an action against a city where special damages are claimed, the facts upon 
which the damages are based should be set out in the declaration. City of Chicago v. Brennan, 
65 111. R., 160. 

p.) A general grant of power to a city for lighting it with gas, while it carries 
with it, by implication, all such powers as are clearly necessary for the proper and convenient 
exercise of the authority expressly conferred, does not authorize the city council to grant to any 
person or corporation an exclusive right to use the streets of the city for the purpose of laying 
down gas pipes for a term of years, and thereafter, until the works shall be purchased from the 
grantee by the city. The court admitted the power to light the city would authorize the council 
to contract for gas, and to grant the contracting party the use of the streets, but denied 
its authority to make such use exclusive for a determinate future period. Dillon on Mun. Corp., 
g 547, and cases cited. 

The failure of a city to avail itself of a power to light its streets, can not be regarded 
as an act of negligence, in an action brought by a person who receives injury by failing into an 
excavation in the sidewalk or street in the night time. City of Freeport v. Isbell, 83 111. R., 440 

(2) The right to the use of the puhlic streets of a city by a gas company for the 
purpose of laying down its pipes, is considered in this country a franchise which can be granted 
only by the legislature, or some local or municipal authority "empowered to confer it. Dillon on 
Mun. Corp., g 546, and authorities cited. 

The use of streets for the purpose of laying down water pipes, stands upon the 
same principles as their use for sewers or gas pipes. Where the charter gives to the city, in terms 
the power to supply or authorize the inhabitants to be supplied with water, the municipal coun- 



AET. V.] OF THE POWERS OF CITY COUNCIL. 45 

Fourteenth — Sidewalks,,] To regulate the use of sidewalks and 
all structures thereunder ; and to require the owner or occupant of 
any premises to keep the sidewalks in front of. or along the same, 
free from snow and other obstructions. (1) 

Fifteenth — Ashes, Garbage.] To regulate and prevent the throw- 
ing or depositing of ashes, offal, dirt, garbage or any offer) sive 

cil may use, or, as an incidental poAver may permit the contractor to use the streets for this pur- 
pose, and the adjoining fee holder is not entitled to compensation as for a new servitude, for it is 
not such, but only a proper or necessary use incident to a street in a populous place. Dillon on 
Mun. Corp., §551. 

A city has tlie right to construct sewers in its streets, yet in doing so it has no 
right to leave piles of dirt upon the street in such a condition as to render it unsafe for wagons to 
pass. It is bound to take notice of the work and the character thereof done on its streets, and 
will be liable in damages to any person injured thereby. City of Chicago v. Brophy, 79 111. 
R., 277. 

A municipal corporation while acting within the scope of its authority in 

making excavations in a street for the purpose of opening or improving it, using proper care and 
skill, is not liable to an owner of a let for injury resulting to his buildings from the removal 
of the lateral support of the soil in the street. City of Quincy v. Jones et al., 76 111. R., 231. 

(1) A party cannot hy reason of his ownership of adjoining property, claim. 

the absolute right to take up the sidewalk and extend his coal cellar under it, but as such a 
privilege is a great convenience in a city, and may, with proper care, be exercised with little or 
no inconvenience to the public, there is no doubt that the authority to make such cellar may be 
implied, in the absence of any action of the corporate authorities to the contrary, they having 
been aware of the progress of the work. Dillon on Mun. Corp., §554; Nelson v. Godfrey, 12 111 
R., 22. 

A city is liahle "where a sidewalk is out of repair, and remains so for a consider- 
able time, actual notice to the street supervisor or city authorities will not be necessary to hold 
the city liable for an injury by a person in consequence of the dangerous condition of the same, 
while using due care on his part. Notice of the defective state of the walk will be presumed 
after the lapse of a sufficient time. City of Springfield v. Doyle, 76 111. R., 202. 

A person passing over a sidewalk in daylight, when not crowded, is \mder obliga- 
tions to use his eyes to direct his footsteps, and failing to do so, he is negligent. Village of Kewa- 
nee v. Dcpew, SO 111. R., 119. 

One who is injured through defects in a sidewalk cannot recover from the city 
if his own negligence contributed to the injury; as where he walks hastily and negligently, or 
where he knew of the defect, and might have avoided it by taking the sidewalk on tlie other side 
of the street. Lovengidh v. Bloomington, 71 111. R., 238. 

If sidewalks or street crossings happen to he obstructed, or to be in such a danger 
our-; condition as to deter an ordinarily prudent man from using them, then one may walk else- 
where. If he does so, however, without sufficient reason, and is injured, his injury cannot be 
imputed to the negligence of the city. O'Laughlin v. Dubuque, 42 Iowa R., 539. 

Where a party dug and left open a large pit in the street, along the sidewalk, 
without the consent of an incorporated town, in front of laud owned by him, without any warn- 
ing to passers by, while so left open a person in the night time while exercising due care fell into 
the pit and was injured, the town would not be liable unless it had actual notice of the nuisance, 
or had remained a sufficient time for notice to be implied. Fahaj v. President and Trustees Town 
of Harvard, 62 111. R., 28. 

An obstruction or defect in the streets or sidewalks of a city, to make the cor- 
poration liable, must be of such a nature that they are in themselves dangerous, or such that a 
person exercising ordinary prudence cannot avoid danger or injury in passing them; in general, 
such defects as can not lie readily detected. A city or incorporated town is not required by law 
to respond in damages for every injury that may be received on a public street. Before a recov- 
ery can be had it must appear that the party injured used ordinary care to avoid the danger. 
City of Quincy v. Barker, 81 111. R., 300. 

An ordinance prohibiting the hitching of any horses to shade trees in the 
streets, or to any shade tree or fence upon any street or upon any private premises, so far as it re- 
lates to trees in the public streets, is not void, and the owner of the adjoining property is liable 
to the penalty if he hitches his horse to such a tree. Property holders may be allowed to adorn 
the streets by setting out and caring for shade trees along their premises, and by so doing the cor- 
poration will not lose its control over the trees so planted, and may protect the same as against 
such parties. Baker v. Town of Normal, 81 111. R., 108. 



46 CITIES AND VILLAGES — INCOEPORATION ACT. [DIY. I. 

matter in, and to prevent injury to, any street, avenue, alley or 
public ground. (1) 

Sixteenth — Crosswalks, j To provide for and regulate crosswalks, 
curbs and gutters. 

Seventeenth — Obstructions.] To regulate, and prevent the use of 
streets, sidewalks and public grounds for signs, sign posts, awn- 
ings, awning posts, telegraph poles, horse troughs, racks, posting 
handbills and advertisements.(2) 

Eighteenth — Banners, placards.] To regulate and prohibit the 
exhibition of carrying of banners, placards, advertisements or hand- 
bills in the streets or public grounds, or upon the sidewalks. 

Nineteenth — Flags.] To regulate and prevent the flying of flags, 
banners or signs across the streets or from houses. 

Ticentieth — Traffic] To regulate traffic and sales upon the 
streets, sidewalks and public places. 

Twenty-first — Horses, locomotives.] To regulate the speed of 
horses and other animals, vehicles, cars and locomotives within the 
limits of the corporation. (3) 

(1) Municipal corporations are bound to keep tlieir streets in a safe condi- 
tion to travel, and are liable to respond in damages to any person receiving a special injury 
from their neglect of this duty. Where streets in a city or village are used for the deposit of 
materials by the adjoining proprietor, for building purposes, or dug up for the construction of 
sewers, the laying of water or gas pipes, or for other improvements by the corporation, or by the 
adjoining owner, the corporation is bound to see to it that proper guards, or lights by night be 
erected and maintained around such excavations or obstructions, so that travelers be not exposed 
to injury. Seneca Falls v. Zalinski, 15 N. Y. Supreme Ct., 571. 

A city is liable in damages for an injury caused by an obstruction in the 

street, after actual notice of the same, or a lapse of time sufficient that it should by reasonable 
care and diligence have notice thereof for a failure to exercise reasonable care and diligence in 
the removal of the same; and where it allows dead animals or other objects that tend to frighten 
horses to lie on the streets, after the lapse of a sufficient time or such a time that it should by the 
exercise of reasonable diligence have had notice thereof, a city will be presumed to have had actual 
notice of such obstruction. City of Chicago v. Hay, 75 111. R., 530. 

(2) Authorities of a city may permit persons making improvements upon their 

premises to occupy, temporarily, portions of the sidewalk and street, but the person so using the 
street is bound to more than ordinary care and expedition in the prosecution of the work. Xel- 
son v. Godfrey, 12 111. R., 20. 

To authorize the use of streets for posts of a telegraph company legislative 
sanction directly given, or mediately conferred through proper municipal action is necessary. If 
such posts be erected within the limits of a street or highway without such sanction, they are 
nuisances ; but if the erection be thus authorized, they are not. Dillon on Mun. Corp., \ 552, and 
cases cited. 

(3) Municipal corporations, in the absence of legislative restriction, may con- 
trol the mode of propelling cars within their limits, may prohibit the use of steam power and 
regulate the rate of speed. Dillon on Mun. Corp., g 565, and cases cited. Steam, as a motive 
power, may be used, along the streets of a city, by proper permission. Moses el al. v. P. F. W. & 
C. E. JR. Co., 21 111. R., 516. 

The state has power to regulate the rate of speed of railway trains. Toledo, P. & W. P. W. 
Co. v. Deacon, 63 111. R., 91. 
Concerning the speed of railroads through cities, towns and villages, the 

statute relating to railroads, chapter 111. has made the following provision : 

Rev. Stat., 811. " Speed through cities, etc.— damages.] \ 24. Whenever any railroad 
corporation shall, by itself or agents, run any train, locomotive engine, or car, at a greater rate of 
speed in or through the incorporated limits ot any city, town or village, than is permitted by any 



ART. Y.] OF THE POWERS OF CITY COUNCIL. 47 

Twenty-second — Numbering houses.] To regulate the number- 
ing of houses and lots. 

Twenty-third — Naming streets.] To name and change the name 
of any street, avenue, alley, or other public place. 

Twenty -fourth — Horse railroads.] To permit, regulate or pro- 
hibit the locating, constructing or laying a track of any horse rail- 
road in any street, alley or public place ; but such permission shall 
not be for a longer time than twenty years. [See "H. and D. 
Kailroads," Eev. Stat,, eh. 66.(1) 

ordinance of such city, town or village, such corporation shall he liable to the person aggrieved 
for all damages done the person or property by such train, locomotive engine or car; and the 
same shall be presumed to have been done by the negligence of said corporation, or their agents; 
and in addition to such penalties as may be provided by such city, town or village, the person 
aggrieved by the violation of any of the provisions of this section shall have an action against such 
corporation, so violating any of the provisions, to recover a penalty of not less than $100 nor more 
than $200, to be recovered in any court of competent jurisdiction, said action to be an action of 
debt, in the name of the People of the State of Illinois, for the use of the person aggrieved : but 
the court or jury trying the case may reduce said penalty to any sum, notless, however, than $50, 
where the offense committed by such violation may appear not to be malicious or willful : Pro- 
vided, that no such ordinance shall limit the rate of speed in any case to less than four miles per 
hour." 

The act which, makes railroads liahle for all damage done to any individual 
and for stock killed by any train or engine in any incorporated city or town, where trains are 
permitted to be run at a greater speed through such city or town than is permitted by the ordin- 
ance thereof, is constitutional. C. P. I. & P. P. P. Co. v. Peidy, 66 111. R., 43. 

Where a party is killed hy an engine In a city, in a suit against the companv to 
recover damages on the ground of negligence in running the engine at too great a speed.' the 
ordinance of the city limiting the speed of trains to six miles an hour within the corporate lim- 
its, is proper evidence to go to the jury on the question of negligence. T. W. d- W. P. P. Co v 
O'Connor, Adm'x, 77 111. R., 391. 

In a suit to recover for the killing of an animal within the limits of an incor- 
porated town by a railroad company, on the ground of an alleged violation of an ordinance of the 
town, by the company in running its trains at a prohibited speed, it is indispensable to a recovery 
that the plaintiff should prove that the ordinance was in force at the time of the alleged accident. 
C. & A. P. P. Co. v. Engle, 76 111. R., 317. 

Recovery may he had against a raili-oad company for killing a cow by a 
train of cars in an incorporated town, it appearing that no bell had been rung or whistle sounded, 
and that the train was running at a greater speed than allowed by ordinance, notwithstanding 
the cow was running at large contrary to ordinance, the negligence of the owner of the cow 
being slight with that of the company. I. & St. L. P. P. Co. v. Peyton, 76 111. R., 310. 

Where an ordinance of a town prohibited the running of engines and cars 
within the limits of the town at a greater speed than six miles per hour, it was urged bv a railroad 
that the regulation interfered with the powers conferred upon it in its charter to fix and regulate 
the rate ot speed of trains upon its road ; but it was held, that the companv had no just cause of 
complaint, as the privileges conferred upon it were as much subject to the police laws of the 
state as an individual pursuing his business. C. B. &. Q. P. P. Co. v. Haggerty, 67 111. R.. 113. 

Where the charter of a town gave the hoard of trustees power to declare what 
should be considered a nuisance, to remove the same, and to regulate the police of the town and 
to make such ordinances as the good of the town may require, that under those powers the town 
possessed the authority to adopt an ordinance prohibiting the running of railroad engines and 
cars within its limits, at a greater speed than six miles an hour. C. B. <i- Q. P. P. Co. v. Haggerty 
67 111. R., 113. ' 

(1) Concerning street railroads, the constitution has made the following tjio- 
vision, Art. V: 

" 1 4. No law shall be passed by the general assembly granting the right to construct and operate 
a street railroad within any city, town or incorporated village, without requiring the consent of 
the local authorities having the control of the street or highway proposed to be occupied by 
such street railroad." 

c T £ e statute authorizing the condemnation of propertv by horse and dummy railroads, chap. 
66, Rev. Stat. 18/4, contemplates private property alone, and" not propertv used and occupied by 
the public. Centred Horse Py. Co. v. Ft. Clark Horse Py. Co., SI 111. R, 523. 



48 CITIES AND TILLAGES — INCORPORATION ACT. [DIY. I. 

Twenty-fifth — Railroad crossings.] To provide for and change 
the location, grade and crossings of any railroad. (1) 

Twenty '-sixth — Fence railroads.] To require railroad companies 
to fence their respective railroads, or any portion of the same, and 
to construct cattle guards, crossings of streets and public roads, 
and keep the same in repair, within the limits of the corporation. 
In case any railroad company shall fail to comply with any such 
ordinance, it shall be liable for all damages the owner of any cattle 
or horses or other domestic animal, may susustain, by reason of 
injuries thereto while on the track of such railroad, in like manner 
and extent as under the general laws of this state, relative to the 
fencing of railroads; and actions to recover such damages may be 
instituted before any justice of the peace or other court of compe- 
tent jurisdiction. (2) 

Tlie constitution, Art. 4, Sec. 33, declares that the general assembly shall not pass any 
local or special law for the following purposes : 

" Granting to any corporation, association or individual the right to lay down railroad tracks. 
or amending existing charters for such purposes ; 

" Granting to any corporation, association or individual any special or exclusive privilege, im- 
munity or franchise whatever." 

The constitution, Art. 2. Sec. 14. further declares that no law, making any irrevocable grant of 
special privilege or immunities, shall be passed. 

Tlie constitutional prohibition as to the grant of any special or exclusive privilege, 
immunity or franchise, is a limitation upon the powers of the general assembly, and cannot be 
construed as a limitation upon the power of a municipal corporation to designate certain streets, 
and fix the conditions upon which a railway company, organized under a special charter pre- 
viously granted, may build and operate its road. Chicago City By. Co. v. The People, 73 III. R. 541. 

(1) A city owns the fee to the public streets, and has the exclusive power to control 
and regulate the same, and may rightfully permit a railroad company to occupy and use a pub- 
lic street, yet the railroad company must be responsible to property owners upon a street for 
such direct and physical damage as shall result from the construction of the road or the opera- 
tion of the same after completion. Stone v. F. P. & N. W. P. E. Co., 68 111. R., 394. 

Where the fee of a street is in the abutting ianti owner, the corporation may 
grantthe right to a railway company to lay its track along or accross any street, but the com- 
pany avails of its privilege at its peril, and if. in laying its track, it causes a private injury to him 
who owns the fee in the adjoining premises, it must make good the damages sustained. LB A 
W. B. B. Co. v. Hartley et al,, 67 111. R,, 440. 

A city is liable for damages where it grants the right of way to a railroad com- 
pany to construct its track along a public street, and the company, under 'the right conferred 
upon it. made excavations along such street, which deprived lot owners of convenient access to 
and from the street to their lots, and the lots and tenements thereon were subject to injury by the 
caving and falling of the streets and lots. City of Pekin v. Brereton, Gi 111. R., 474. 

(2) Railroad corporations are subject to the provisions of the statute Avith re- 
gard to fencing, although such requirement is not expressed in their charters, and has never 
been assented to by them : thev hold their franchise subordinate to the general police regulation 
in this regard. 0. & 31. B. B. Co. v. McClelland, 2-3 111. R., 140 ; G. & C. M. B. R. Co. v. Crawford, 25 
111. R., 529. 

Where a sufficient fence has been erected and from accident or- wrong, and 
wjthout the fault of the company it becomes insufficient to turn stock, the company has a rea- 
sonable time in which to repair it, and if they shall at once, when informed of its insufficiency 
make the necessary repairs, they should not"be held liable for injury resulting from its tem- 
porarily insufficient condition. III. Cen. B. B. Co. v. Swearingen, 33 111. R„ 289. 

Where the general railroad law requires railroads to fence their roads, and 
where animals escape from an enclosure, without the fault or knowledge of the owner and stray 
upon the railroad track, the railroad companv will be responsible for the damage. 0. 31. B. B. 
Co. V. Jones, 63 111. R.. 472. 

On the subject of liability of i*ailroad companies for injuries resulting from 
failure to fence their tracks, or other negligence, and remedies. See Haines' Tbeatise. new ed„ 



ART V.] OF THE POWERS OF CITY COUNCIL. 49 

Ticenty-sevenih — Eailroad flagmen.] To require railroad com- 
panies to keep flagmen at railroad crossings of streets, and provide 
protection against injury to persons and property in the use of 
such railroads. To compel such railroad to raise or lower their 
railroad tracks to conform to any grade which may, at any time, 
be established by such city, and where such tracks run lengthwise 
of any such street, alley oy highway, to keep their railroad tracks 
on a level with the street surface, and so that such tracks may be 
crossed at any place on such street, alley or highway. To compel 
and require railroad companies to make and keep open and to keep 
in repair ditches, drains, sewers and culverts along and under their 
railroad tracks, so that filthy or stagnant pools of water cannot 
stand on their grounds or right of way, and so that the natural 
drainage of adjacent property shall not be impeded. (1) 

under head of "actions against railroad companies," where all the Illinois cases are collected 
and referred to. 
Where long after tlie construction of a railroad, a street was extended, so as to 

cross the same, and the city passed an ordinance requiring the railroad company to make a safe 
and proper crossing by grading the approaches of the street at the crossings, there being nothing 
in the charter of the company imposing such duty, or any such duty imposed by general law in 
force at the time the company was created, in such a case the company was not liable to this new 
burden any farther than might be required of a private person, that as the whole burden was 
sought to be placed upon the company without regard to benefits, the ordinance was in violation 
of the constitution and could not create any liability on the company, and the legislature itself 
could not impose such a burden without making compensation. I. C. E. E. Co. v. City of Bloom- 
ington, 76 111. R., 448. 

A city or town may maintain an action of debt upon the promise of a railroad 
company to repay the damages recovered against the former by a person injured through a de- 
fective railroad crossing. Portland v. Atlantic <kc. E. E. Co., GO Me. R.. 485. 

(1) Railroad corporations are subject to police regulations fhe same as natural 
persons. Galena &c. E. E. Co. v. Loomis, 13 111. R., 548 ; And when the public exigencies demand it 
railroad corporations must submit to such regulations the same as individuals. 0. & M. E. E. Co. 
v. McClcUaiuL, 25 111. R., 140. If a railroad company unnecessarily obstructs the streets of a town, 
contrary to an ordinance of the town . it will be liable for the penalty prescribed for so doing. III. 
Cent. E. E. Co. v. Galena. 40 111. R., 344; Great Western E. E. Co. v. Decatur 33 111. R., 3S1; T. P. & 
W. E. E. Co. v. Chenoa, 43 111. R., 209. 

An ordinance which required a railroad company to keep a flagman by day, and 
a red lantern by night, at a certain street crossing, when it did not appear that" such crossing was 
unusually dangerous, or more so than ordinary crossings; held, not to be a reasonable require- 
ment, and therefore within the constitution at limitation on the exercise of the police power. 
Toledo W. & W. E. Co. v. City of Jacksonville, 07 111. R., 37. 

The difficulty of crossing lailroad tracks in public streets, the detention of 
trains, frightening of horses, the danger to persons crossing the tracks, are inconveniences which 
property owners on the street have to suffer and for which they cannot recover in a suit for dam- 
ages. Stone v. F. P. & N. W. E. Co., 6S 111. R„ 394. 

Where it is tlie duty of a railroad company to employ a watchman to warn 
persons crossing its tracks of danger from approaching trains, that at the time an accident occur- 
red, the watchman was absent from his post of duty, the train was running at a much higher rate 
of speed than was allowed by law, and it was a question whether the bell was rung or the whistle 
sounded, under those circumstances an omission of any one of the duties mentioned would con- 
stitute gross negligence. St. L. V. & F. II. E. E. Co. v. Dunn, 7S 111. R., 197. 

Where a city has established no grade of a street on which the plaintiff had a lot, 
and upon which he built a house, and a rati way company with the assent and permission of the 
city, tilled up the space between the original embankment and the plaintiff's lot, so as to prevent 
access by carriages and wagons from the street, as was the custom, this being a special injury to 
the plaintiff, he was entitled to recover damages in a suit against the city. City of Pekin v. IVihkel, 
77 111. R., 50; C. B. & Q. E. E. Co. v. McGinnis, 79 111. R„ 269. 

Where a railroad company constructed its tracks along a public street in front of 
plaintiff's lots, occupied by him for mercantile business, under an ordinance of the town granting- 

4 



53 CITIES AND VILLAGES — INCOBPOBATION ACT. [DIV. I. 

Twenty -eighth. — Bridges.] To construct and keep in repair 
bridges, viaducts and tunnels, and to regulate the use thereof.(l) 
[See § 194 

Ticenty -ninth. — Culverts.] To construct and keep in repair 
culverts, drains, sewers and cesspools, and to regulate the use 
ihereof.(2) [See § 242. 

Thirtieth. — Watercourses.] To deepen, widen, dock, cover, 
wall, alter or change the channel of water courses. 

Thirty-first — Canals.] To construct and keep in repair canals 
and slips for the accommodation of commerce. 

Thirty -second. — Public landings.] To erect and keep in repair 
public landing places, wharves, docks and levees, f 3) [See § 219, 
220. 

Thirty-third. — Use of landing places.] To regulate and con- 

the right to do so, but -which required the company to pay all damages to the property owners on 
such street that might accrue in consequence thereof, and the company in constructing its road, 
made a deep excavation in the street in front of plaintiff's lots, which diminished the value of 
the lots and injured the plaintiff's business by making his place difficult of access and hazardous 
for teams to approach the same. Held, that the company, by accepting the ordinance and acting 
under it, became bound by its terms to pay the plaintiff all damage caused to his property, and 
also damages in his business. St. Louis V. & T. H. R. R. Co. v. Capps, 67 111. R. 607. 

Where a city conncil gave a railroad, company the riglit to construct its track 
along a public street, and the company, under the right so conferred upon it, made excavations 
along such street so that the plaintiffs were deprived of convenient access to and from the street 
and to their lots, and the lots and tenements thereon were subject to injury by the caving and 
falling of the street and lots. Held, that the city was liable to the plaintiffs, in an action on the 
case, for the injury caused by such excavations. City of Ptkin v. Brer.cton, 67 111. 11., 477. 

The expression *' obstructions of any Isind," in a town ordinance is broad enough to 
embrace the obstruction of a street by a railroad company with cars. III. Cen. R. R. Co. v. City of 
Galena, 40 111. R., 344. 

Where an ordinance, prohibiting a railroad company from obstructing a street, 
hut providing no penalty refers to another ordinance for the penalty, which last bears date sub- 
sequent to the commission of the offense, for which suit is brought, ho recovery can be had by the 
town. T. P. & W. R. W. Co. v. Town of Chenao, 43 111. R., 209. 

(1) Anthority to erect and Iceep in repair bridges and streets, confers by implication 
the power to employ the means necessary to that end. and among these means may be the passage 
of an ordinance inflicting a tine for wilful or negligent injuries thereto. Dillon on Mim, Corp., 
§539; Korah v. Ottawa, 32 111. II., 121. 

All municipal corporations, whether incorporated by special charter or under the gen- 
eral law, have the power and it is their duty to keep in repair the bridges within their corporate 
limits, and if injury results to an individual by reason of a neglect of such duty, the town must 
respond in damages. Toicn of Mcchanicsburg V. Meredith, 54 111. K., 84. 

In an action against an incorporated town to recover for injnries received on 
account of a neglect of duty on the part of the defendant to keep a bridge in repair, it is not 
competent for the town to prove that prior to the accident the commissioners of highway's of the 
township in which the incorporated town is situated, had assumed to perform the duty of keep- 
ing the bridge in repair. The usurpation of powers and assuming the duties of the incorporated 
town by the township authorities, though acquiesced in by the former, would not work a disso- 
lution o'f the corporaiton, or relieve it from responsibility for neglect of duty. Iowa of Mcchan- 
icsburg v. Meredith, 54 111. R., 84. 

(2) Cities are responsible to lot owners for injuries occasioned by grading or drainage. 
City of Aurora v. Gilldtt, 56 111. R., 132; City of Aurora v. Reed. 57 111. R., 29; City of Dixon v. Baker, 
65111. R., 518; City of Alton v. Hope, 68 111. R., 167. Reasonable care must be excercised in the 
construction of improvements. City of Dixon v. Baker, 65 111. R., 518. 

(3) The power to erect and keep in repair public landing places and the like 
are considered as discretionary powers, which the city is not bound to exercise, and is not liable 
for a failure to exercise them, but if it attempts to exercise them, it would be liable if an injury 
arise from a negligent performance thereof. Goodrich et al. v. Chicago, 20 111. R., 445, 



ART. V.] OF THE POWERS OF CITY COUNCIL. 51 



trol the use of public and private landing places, wharves, docks 
and levees. 

Thirty -fourth. — Anchorage.] To control and regulate the anchor- 
age, moorage and landing of all water craft and their cargoes with- 
in the jurisdiction of the corporation. 

Thirty-Fifth.— Wharf-boats.] To license, regulate and prohibit 
wharf-boats, tugs and other boats used about the harbor or within 
such jurisdiction. 

Thirty -sixth. — Kates of wharfage.] To fix the rate of wharfage 
and dockage. 

Thirty seventh. — Collect wharfage.] To collect wharfage and 
dockage from all boats, rafts or other craft landing at or using 
any public landing place, wharf, dock or levee within the limits of 
the corporation. 

Thirty -eighth. — Use of harbors.] To make regulations in regard 
to the use of harbors, towing of vessels, opening and passing of 
bridges. 

Thirty-ninth. — Harbor masters.] To appoint harbor masters, 
and define their duties. 

Fortieth. — Cleansing waters.] To provide for the cleansing and 
purification of waters, water courses and canals, and the draining 
or filling of ponds on private property, whenever necessary to 
prevent or abate nuisances. 

Forty-first — To license, tax, regulate, suppress and prohibit 
hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals 
and other exhibitions, shows and amasements, and to revoke such 
license at pleasure. (1) 

Forty-second — To license, tax and regulate hackmen, draymen, 
omnibus drivers, carters, cabmen, porters, expressmen, and all 
others pursuing like occupations, and to prescribe their compen- 
sation.^) 

(1) Concerning' the taxation of trades and occupations, the constitution de- 
clares as follows, Art. IX : 

" \ 1. The general assembly shall provide such revenue as may be needful by levying a tax, by 
valuation, so that every person and corporation shall pay a tax in proportion to the value of his. 
her or its property— such value to be ascertained by some person or persons, to be elected or ap- 
pointed in such manner as the general assembly shall direct, and not otherwise : but the general 
assembly shall have power to tax peddlars, auctioneers, brokers, hawkers, merchants, commission 
merchants, showmen, jugglers, inn-keepers, grocery keepers, liquor dealers, toll bridges, ferries, 
insurance, telegraph and express interests or business, venders of patents, and persons or corpor- 
ations owning or using franchises and privileges, in such manner as it shall from time to time 
direct by general law. uniform as to the class upon which it operates." 

Sec. 1, Art. 9, of the constitution which declares that the General Assembly shall have power to 
tax peddlars. auctioneers, brokers, etc., does not operate as a prohibition on all other bodies to 
tax such persons, and for any other purpose than for state revenue, but the legislature may au- 
thorize municipal bodies to tax such persons. Wiggins v. City of Chicago, 68 111. R., 372. 

(2) A charter granting- to a city the right to "exercise and enjoy all rights, immuni- 
ties, powers and privileges appertaining to a municipal corporation," and to "license, tax andreg- 



52 CITIES A^D VILLAGES — INCOSPOKATION ACT. [DIV. I. 

Forty-third — To license, regulate, tax and restrain runners for 
stages, cars, public houses, or other things or persons. 

Forty -fourth — To license, regulate, tax or prohibit and suppress 
billiards, bagatelle, pigeon hole or any other tables or implements 
kept or used for a similar purpose in any place of public resort, 
pin alleys and ball alleys. 

Forty -fifth — Bawdy houses.] To suppress bawdy and disorder- 
ly houses, houses of ill-fame or assignation, within the limits of 
the city, and within three miles of the outer boundaries of the 
city ; and also to suppress gaming and gambling houses, lotteries, 
and all fraudulent devises and practices for the purpose of gaming 
or obtaining money or property ; and to prohibit the sale or exhi- 
bition of obscene or immoral publications, prints, pictures or illus- 
trations.^) [See § 216, 217. 

Forty -sixth — Liquor traffic] To license, regulate and prohibit 
the selling or giving away of any intoxicating, malt, vinous, mixed 
or fermented liquor, the license not to extend beyond the munici- 
pal year in which it shall be granted, and to determine the amount 
to be paid for such license : Provided, that the city council in 
cities, or president and board of trustees in villages, may grant 
permits to druggists for the sale of liquors for medicinal, mechan- 

ulate hackney carriages, omnibusses," etc., does not authorize the city authorities to grant to one 
person the sole and exclusive right to run omnibusses in the city, logon v. Pyne, 43 Iowa, 52-4. 

An ordinance that " there shall toe levied upon every hackman, drayman , om- 
nibus driver, carter, teamster, cabman or expressman, and all others pursuing like occupation, 
the sum of ten dollars for a license," does not apply to a farmer driving his team through the 
city. City of Collinsville v. Cole, 78 111. R., 114. 

A provision in a city charter gave the power " to license, tax and regulate and 
control wagons and other vehicles conveying loads in the city; to prescribe the width and tire of 
the same, the weight of loads to be carried, and the rates of carriage." Held, under that rule of 
strict construction applicable to such powers, the authority to license was qualified by the clause 
for prescribing rates of carriage, and was applicable only to such vehicles in respect of which it 
is proper and customary with municipal authorities to prescribe rates of carriage, such as com- 
mon carriers. Joyce v. City of East St. Louis, 77 111. E., 150. 

Wholesale merchants who heep and use their own wagons for the purpose of 
transferring goods sold by them to depot or wharf for shipment, who charge and receive from 
the persons to whom the goods were sold and shipped a sum of money for so doing, are not with- 
in the meaning of an ordinance regulating, licensing and suppressing hackmen, draymen, cart- 
ers, porters, omnibus drivers, cabmen, carmen or others. FarweU v. City of Chicago, 71 111. R., 269. 

Power to make ordinances respecting streets, wagons, carts, drays, etc., as to the 
council shall appear necessary for the security, welfare and convenience of the city, authorizes 
an ordinance regulating the weight which wagons and other vehicles employed in the transpor- 
tation of goods, wares, or produce of any kind, shall carry through the streets of the city. But an 
ordinance which would operate as a total exclusion of the rights of the citizens to pass over the 
streets of the city with his loaded wagon and team would be unreasonable and void, as against 
common right. Dillon on Mini. Corp., § 540, and cases cited. 

(1) Power to suppress bawdy houses gives the corporation authority, by im- 
plication, to adopt, by ordinance, the proper means to accomplish this end; and among the 
methods which may be adopted, is one forbidding the owners of houses from renting or letting 
the same for this purpose, or with knowledge that they are to be so used. But the power by the 
council of a city to make such by-laws as it may deem expedient for effectually preventing and 
suppressing houses of ill-fame, does not authorize the council to decide that a given house is kept 
for that purpose, nor if kept for that purpose, does it authorize the council to order it demolished: 
nor if thus demolished, will it justify the officers of the city who did it. Dillon on Mun. Corp.. g 
310 ; Welch v. Stowell, 2 Doug. (Mich.) R., 322. 



ART. V.] OF THE POWERS OF CITY COUNCIL. 53 



ical, sacramental and chemical purposes only, subject to forfeiture, 
and under such restrictions and regulations as may be provided 
by ordinance : Provided, further, that in granting licenses such 
corporate authorities shall comply with whatever general law of 
the state may be in force relative to the granting of licenses. (1) 
[See § 216 ; also Rev. Stat. " Dram Shops," ch. 43. 

(1) CONCERNING LICENSES. 

The general law of tlie state, relative to granting of licenses, chapter 43 of the 
Revised Statutes, entitled '* Dram Shops," provides as follows: 

Rev. Stat.. 438. " How license may toe granted.] g 3. The county boards of each comity 
may grant licenses to keep so many dram shops in their county as they may think the public 
good requires, upon the application by petition of a majority of the legal voters of the town, if 
the county is under township organization, and if not under township organization, then of a 
majority of the legal voters of the election precinct or district where the same is proposed to be 
located, and upon the payment into the county treasury of such sum as the board may require, 
not less than $50 nor more than $300 for each license, and upon compliance with the provisions 
of this act: Provided, such board shaU not have power to issue any license to keep any dram 
shop in any incorporated city, town or village, or within two miles of the same, in which the 
corporate authorities have authority to license, regulate, restrain or prohibit the sale of liquors, 
or in any place where the sale of intoxicating liquors is prohibited by law. 

" Form of license— rights under— may be revolted.] § 4. The license shall state the 
time for which it is granted, which shall not exceed one year, the place where the dram shop is 
to be kept, and shall not be transferable, nor shall the person licensed keep a dram shop at more 
than one place at the same time, and any license granted may be revoked by the county board 
whenever they shall be satisfied that the person licensed has violated any of the provisions of 
this act, or keeps a disorderly or ill-governed house or place of resort for idle or dissolute per- 
sons, or allows any illegal gaming in his dram shop, or in any house or place adjacent thereto. 

«* Bond— ho av taken — suit on.] § 5. No person shall be licensed to keep a dram shop, or 
to sell intoxicating liquors, by any county board, or the authorities of any city, town or village, 
unless he shall first give bond in the penal sum of §3,000, payable to the People of the State of 
Illinois, with at least two good and sufficient sureties, freeholders of the county in which the 
license is to be granted, to be approved by the officer who may be authorized to issue the license, 
conditioned that he will pay to all persons all damages that they may sustain, either in person or 
property, or means of support, by reason of the person so obtaining a license selling or giving 
away intoxicating liquors. The officer taking such bond may examine any person offered as 
security upon any such bond, under oath, and require him to subscribe and swear to his state- 
ment in regard to his pecuniary ability to become such security. Any bond taken pursuant to 
this section may be sued upon for the use of any person, or his legal representatives, who may 
be injured by reason of the selling or giving away any intoxicating liquor by the person so 
licensed, or by his agent or servant." 

An incorporated town may provide by ordinance against tlie sale of liqvior, 

in less quantity than one barrel, without a license, and such ordinance is not repugnant to the 
general law prohibiting sale without a license in quantities less than one quart. Byers et al. v. 
Olney, 16 111. R., 35. 

The legislature lias power to authorize cities to prohibit the sale of liquor or 
beer by retail. Kettering v. City of Jacksonville, 50 111. R., 39. 

Where incorporated towns shall have the exclusive privilege to grant license 

within the incorporated limits of the town, the county authorities have no right or power to 
interfere in any manner whatever with the granting of license. Village of Coulterville v. Gillen, 
72 111. R., 599. 

"Where the legislature confers the power to suppress the sale of liquor in gro- 
ceries, or to regulate, license and restrain the same, it is a matter purely in the discretion of the 
city, whether or not it wholly prohibit its sale, or it license or regulates the same. Swuchow v. 
City of Chicago, 68 111. R., 445. 

The control of the liquor traffic is a police regulation, and no one can acquire a 
vested right in it by license, as that it may not be resumed when the interest of society require it. 
Swuchow v. City of Chicago, 68 111. R., 444. 

Where, under the general laws, no person has the right to sell spirituous 
liquors without a license, and when a city has the entire control of the regulation of the sale of 
liquors, and refuses to grant such license, whether rightfully or wrongfully, it does not justify the 
sale without license. Kadgihn v. City of Bloom ington, 58 111. R., 229. 

The common council of a city lias the power to license and regulate the sale of 
liquors, and has the right to make it a condition on granting a license for the sale of liquors, that 
the grantee thereof shall keep his place closed on Sundays, election days, fast days, holidays, cr 



54 CITIES AND VILLAGES — INCOEPOKATION ACT. [DIV. I. 

Forty -seventh — Charters excepted.] The foregoing shall not be 
construed to affect the provisions of the charter of any literary 
institution heretofore granted. 

other days, or shall close at a particular hour, and for violation of the condition to forfeit his 
license. Swuchow v. City of Chicago, 68 111. R., 445. 

Ordinances discriminating in the rates for licenses in different parts of a city, are 
not unconstitutional. City of Bast St. Louis v. Wehruvg, 46 111. R., 392. And where the license fee, 
under an ordinance, was claimed to be so unreasonable as to amount to prohibition, the charter 
conferring power only to regulate the traffic. Held, that as defendant had sold liquor without 
trying to obtain a license at any price, the question would not be discussed. Hensoldt v. 'lown of 
Petersburg, 63 111. R., 141. 

Where the authorities of a town adopted a subsequent ordinance, revising the 
whole subject of selling or dealing in spirituous liquors : Held, that this must be taken as a sub- 
stitute for all prior ordinances on the same subject, although the last contained no words of repeal. 
Booth v. Town of Carthage, 67 111. R., 102. 

Where an ordinance of the c»*y prohibited the sale of spirituous liquors except 
by druggists for sacramental, chemical, mechanical, or medical purposes, and provided that a 
quarterly report of the druggist, showing the kind and quantity and to whom sold, and on whose 
prescription or assurance, such report to be verified by the affidavit of the druggist, or every 
clerk or servant in his employ ; held, that it was unreasonable and oppressive, and an invasion 
of the san city of private business. City of Clinton v. Phillips, 58 111. R., 102. 

VIOLATION OF LICENSE KEGULATIONS — REMEDIES. 
The power to enforce the observante of by-laws and police regulations of a 

city by penalty not exceeding $100 for any offense against ;he same, does not necessarily confine 
the city to that mode, nor to a suit on the bond of a grocery keeper for violation by him, but the 
city, in the exercise of police powers conferred, may provide for the revocation of his license. 
Swuchow v. City of Chicago, 68 111. R., 445. 

Where a special charter of a town, granted before the adoption of the present con- 
stitution, confersjpowers upon the^corporate authorities to impose fines or penalties for the unauthor- 
ized sale of intoxicating liquors, they are not limited or restricted to the same penalties imposed by 
the general law. Baldwin v. Murphy, 82 111. R., 485. 

Where a citv ordinance prohibited the keeping of a bar room or tippling house 
between the hours of 12 P. M. and 5 A. M., and a party whose main business was keeping a res- 
taurant, with a bar room connected therewith, closed his bar by drawing a curtain across it,- it 
was held that a conviction was proper. Baldwin v. City of Chicago, 68 111. R., 418. 

The holder of a license to sell intoxicating liquors is liable to indictment for un- 
authorized sales made by his agent or servant, under the act of 1872. McCutcheon v. The People, 
69 111. R., 601. 

Where a city has no power to prohibit the sale of intoxicating liquors except for 
mechanical or medicinal purposes, and passes an ordinance of absolute prohibition, then, unless 
the prosecution is for the sale for medicinal or mechanical purposes, the defendant cannot attack 
the ordinance because it may be ultra veres. Harburgh v. City of Monmouth, 74 111. R., 367. 

Where a person is being prosecuted for selling heer by the glass, in violation of 
a town charter which forbids beer to be brought within three miles of the town, " for the purpose 
of trafficking therein in any way whatsoever," the offense charged being within the power of the 
prohibition in the legislature, the question cannot arise whether that clause was unconstitutional, 
in that it was broad enough in its language to embrace other modes of traffic not within the 
power of the legislature to prohibit. Ncifing v. Town of Pontiac, 56 111. R., 172. 

Where a municipal corporation passed an ordinance declaring the sale of spiritous 
liquors to be a nuisance, the general law is not thereby repealed. While a license from town or 
city authorities would protect the holder of it, yet if those authorized fail or refuse to grant a 
license, the general law would be violated by a sale in the city limits, and the aggressor may be 
punished under it. Gardner v. Tlte People, 20 111. R.. 430. 

An ordinance of a town, declaring a nuisance all intoxicating liquors, kept 
within the limits of the town for the purpose of being sold or given away as a beverage, to be 
drank within the limits of the town, and which directs the police officers of the town to abate 
the nuisance, by removing the liquor beyond the town limits, it was held, could not authorize 
such officers to sieze and cany away property, without first having the question judicially 
determined whether such ordinance had been violated. Barst v. The People, 51 111. R.. 286. 

A charter which declares the sale, and the keeping on hand, for sale, of liquors, 
a nuisance, and provides for its summary abatement and suppression, and confers powers on 
the police magistrate to issue warrants commanding the search of the premises of persons sus- 
pected of selling, and which makes the mere possession prima facie evidence of unlawful intent, 
and, without satisfactory explanation, sufficient evidence of a sale, and of keeping on hand for 
sale, provides for a search. Such provision is odious and unreasonable, and in conflict with the 



ABT. V.] OF THE POWERS OF CITY COUNCIL. 55 

Forty-eighth — Prohibit liquor traffic] And the city council in' 
cities, and president and board of trustees in villages, shall also 
have the power to forbid and punish the selling or giving away of 
any intoxicating, malt, vinous, mixed or fermented liquor to any; 
minor, apprentice or servant, or insane, idiotic or distracted per-' 
son, habitual drunkard, or person intoxicated. (1) 

Declaration of Rights and therefore void. Sullivan v. City of Oneida, Gl 111. R., 242; Sullivan v. 
Stephenson, G2 111. It.. 290 

THE DRAM SHOP LAW. 

Any person who has no license to sell intoxicating liquors, who gives it away 
in any quantity less than one gallon, or in any quantity to be drank on the premises, or in any 
adjacent room or place, or who resorts to any other shift or device to evade the provisions of the 
statute is guilty of unlawfully selling. Rickart v. The People, 79 111. R., 85. 

The sixth section of the act of 1873, relating to intoxicating liquors, which 
provides that every person guilty of violating the "first and second sections," shall forfeit, etc., 
does not require the violation of both sections before a party can be subjected to the punishment 
provided, but the nenalties named are for the violation of either the first or second section. 
Strecter v. The People, 69 111. R., 595. 

Every section of the statutes entitled " Dram Shops" is aimed at such as keep 
a drain shop, not however with a view to their suppression ; but the provisions of the sixth sec- 
tion do not apply to a person who treats a friend at his private house, as an act of hospitality. 
Albrecht v. The People, 78 111. R., 510. 

The act to provide against the evils resulting from the sale of intoxicating 
liquors in the state of Illinois, is of a character highly penal, providing a right of action unknown 
to the common law, in which the party prosecuting has a decided advantage, and the act should 
receive a strict construction. Fentz v. Meadows, 72 111. R., 540; Meidil v. Anthis, 71 111. R., 241; 
Freese v. Tripp, 70 111. R., 49G. 

The statute which repealed the liquor law of 1873, in express terms saved and re- 
served the rights which had accrued under a repealed statute as to any offense committed against 
the former law, or as to any act done, any penalty, forfeitureor punishment incurred, or any right 
accrued, therefore the repeal of such act* in no wise affected the people's right to prosecute for 
penalties incurred under it. Mulliiiix v. The People, 7G 111. R., 211. 

The statute gives a right of action to any one who shall be injured in person, or 
property in consequence of the intoxication, habitual or otherwise, of any person, and the party 
causing such intoxication in whole or in part, cannot escape liability because he may not reason- 
ably ha\'e foreseen the consequences. Both v. Fppy, 80 111. R., 283. 

The statute gives a right of action to the wife for three separate decriptions of in- 
jury caused by the selling or giving away of intoxicating liquors to her husband, injury in person 
or property, or means of support. Hacket v. Smelscley, 77 111. R., 109. 

The master is liable to a wife for damages in a civil action for a sale of liquor 
made by his clerk to her husband when notified not to sell to him. But the fact that the sale was 
made by a servant in violation of master's orders may be considered in mitigation of exemplary 
damages. Keedy v. Howe, 72 111. R., 133; Fentz v. Meadows, 72 111. R., 540. 

To constitute the oifense of keeping open a tippling house, it is not necessary, 
under the statute, that the house be kept open as on week days. It will be within the offense 
named if is so kept that access may be had thereto on Sunday, and facilities afforded for the ob- 
taining of intoxicating drinks, and it is not material whether the access is by the front or back 
door, or whether the door is kept open, or is only opened on application for admittance. Kwer 
v. The People, 78 111. R., 294. 

Justices of the peace have jurisdiction in cases to recover the fine imposed for a 
violation of the second section of the act entitled " Dram Shops" to provide for licensing of and. 
against the evils arising from the sale of intoxicating liquors. Rickart v. The People, 79 111. 11., 85. 

In prosecutions before justices of the peace under the ninth section of the act of Jan- 
uary 13th, 1872, to provide against the evils resulting from the sale of intoxicating liquors, it is 
not necessary that there should be a complaint made under oath. Ferguson v. The People, 73 111. 
R., 559. 

(1) The statute making it criminal to sell intoxicating liqnors to minors without 
the consent of their parents, etc., is not restricted to the keepers of dram shops, and therefore it 
is not necessary to allege in the indictment that the defendant, or those for whom he acted in 
making such sale, was the keeper of a dram shop. Johnson v. The People, 83 111. R., 431. 

No authority is conferred to sell liquor to minors by a license to keep a dram 
shop, except upon the written order of parents, guardian or family 'physician, or to a person in- 
toxicated, and it is his duty to know that parties to whom he selis are authorized to buy. Mc- 
Cutclieon v. The People, G9 111. R., G01, 



56 CITIES AND VILLAGES — INC0BP03ATX0H ACT. [DTV. I 

Forty-ninth — Markets.] To establish markets and market 
houses, and provide for the regulation and use thereof. (1) 

Fiftieth — Sale of meats.] To regulate the sale of meats, poul- 
try, fish, butter, cheese, lard, vegetables, and all other provisions, 
and to provide for place and manner of selling the same. (2) 

Fifty-first — To prevent and punish forestalling and regrating. 

Fifty-second — Sale of bread.] To regulate the sale of bread in 
the city or village ; prescribe the weight and quality of the bread 
in the loaf. 

Fifty -third — Inspection of meats.] To provide for and regulate 
the inspection of meats, poultiy, fish, butter, cheese, lard, vegeta- 
bles, cotton, tobacco, flour, meal and other provisions 

Fifty-fourth — To regulate the inspection, weighing and measur- 
ing of brick, lumber, fire wood, coal, hay, and any article of mer- 
chandise. 

Fifty -fifth — Weights and measures.] To provide for the inspec- 
tion and sealing of weights and measures. 

Fifty-sixth — To enforce the keeping and use of proper weights 
and measures by vendors. 

Fifty -seventh — To regulate the construction, repairs and use of 
vaults, cisterns, areas, hydrants, pumps, sewers and gutters. 

Fifty-eighth — To regulate places of amusement. 

Fifty-ninth — To prevent intoxication, fighting, quarreling, dog 
fights, cock fights, and all disorderly conduct. 

Sixtieth. — Fences and walls.] To regulate partition fences and 
party walls. 

Sixty-first — To prescribe the thickness, strength and manner 
of constructing stone, brick and other buildings, and construction 
of fire escapes therein. 

Sixty -second — Eire limits.] The city council, and the president 
and trustees in villages, for the purpose of guarding against the 
calamities of fire, shall have power to prescribe the limits within 
which wooden buildings shall not be erected or placed or repaired, 
without permission, and to direct that all and any buildings within 

(1) A city ordinance cannot restrain a merchant or dealer in family groceries 
from selling vegetables at his place of business, outside of the market limits, during any portion 
of the day, under the pretext of regulating markets. Such a regulation would be in restraint of 
trade, unreasonable and unjust. Caldwell v. City of Alton, 33 111. R., 416 ; City of Chicago v. Runwff 
45 111. R., 90; City of Bloomington \ . Wahl, 46 111. R., 489. 

(2) A city cannot "by ordinance restrain a merchant or dealer in family groceries 
from selling vegetables at his place of business, outside of the market limits. Caldwell v. Alton, 
33 IU. R,, 416; Bloomington v. Wahl, 46 111. It., 4S9. 

Such regulations must he reasonahle and uniform in their operation, calculated to 
promote the general -welfare of the inhabitants, and must hot create monopolies. Bloomington v. 
Wahl, 46 111. R., 489; Chicago v. Rampff, 45 111. R., 90. 

It is for the court asid not the jury to decide whether an ordinance is or is not in 
restraint of trade. Peoria v. Calhoun, 29 111. R., 317. 



AET. V.] OF THE POWEKS OF CITY COUNCIL. 57 

the fire limits, wlien the same shall have been damaged by fire, 
decay or otherwise, to the extent of fifty per cent, of the value, 
shall be torn down or removed, and to prescribe the manner of 
ascertaining such damage. 

Sixty-third — Chimneys.] To prevent the dangerous construc- 
tion and condition of chimneys, fire-places, hearths, stoves, stove- 
pipes, ovens, boilers and apparatus used in and about any build- 
ing and manufactory, and to cause the same to be removed or 
placed in a safe condition, when considered dangerous ; to regu- 
late and prevent the carrying on of manufactories, dangerous in 
causing and promoting fires ; to prevent the deposit of ashes in 
unsafe places, and to cause all such buildings and inclosures as 
may be in a dangerous state to be put in a safe condition. 

Sixty ■■fourth — Engine houses.] To erect engine houses, and 
provide fire engines, hose carts, hooks and ladders, and other im- 
plements for prevention and extinguishment of fires, and provide 
for the use and management of the same by voluntary fire com- 
panies or otherwise. 

Sixty-fifth — Gunpowder.] To regulate and prevent storage of 
gunpowder, tar P pitch, resin, coal oil, benzine, turpentine, hemp, 
cotton, nitroglycerine, petroleum, or any of the products thereof, 
and other combustible or explosive material, and the use of lights 
in stables, shops and other places, and the building of bonfires; 
also to regulate and restrain the use of fire-works, fire-crackers, 
torpedoes, Eoman candles, sky-rockets, and other pyrotechnic 
displays. 

Sixty -sixth — Police.] To regulate the police of the city or vil- 
lage, and pass and enforce all necessary police ordinances. (1) 

Sixth-seventh — Steam boilers.] To provide for the inspection 
of steam boilers. 

Sixty -eighth — Policemen.] To prescribe the duties and powers 
of a superintendent of police, policemen and watchmen. 

Sixty -ninth — To establish and erect calabooses, bridewells, houses 
of correction and workhouses, for the reformation and confinement 
of vagrants, idle and disorderly persons, and persons convicted of 
violating any city or village ordinance, and make rules and regula- 
tions for the government of the same, and appoint necessary keep- 
ers and assistants. 

Seventieth — To use the county jail for the confinement or pun- 



(1) A city incorporated under the general law for the incorporation of cities and 
villages, possesses the power to provide for the appointment of a city marshal, and to vest him 
Avith the entire control of the police force, and to reorganize the department by ordinance, and 
to carry out and give effect to the provisions of such ordinance when passed. Sheridan et al. v. 
Colvin et al., 78 111. R., 237. 



58 CITIES AND TILLAGES— INCORPORATION ACT. [DIY. I. 

ishnient of offenders, subject to such conditions as are imposed by 
law, and with the consent of the county board. 

Seventy -first — To provide by ordinance in regard to the relation 
between all the officers and employees of the corporation in re- 
spect to each other, the corporation and the people. (1) 

Seventy-second — To prevent and suppress riots, routs, affrays, 
noises, disturbances, disorderly assemblies in any public or private 
place. 

Seventy -third — Cruelty to animals.] To prohibit and punish- 
cruelty to animals. 

Seventy -fourth — "Vagrants.] To restrain and punish vagrants, 
mendicants and prostitutes. 

Seventy -fifth — Nuisance.] To declare what shall be a nuisance, 
and to abate the same ; and to impose fines upon parties who may 
create, continue or suffer nuisances to exist. (2) 

(1) A municipal corporation is not liable for the illegal and unauthorized, acts 
of its officers, in administering an ordinance. The fact the trustees adopted the ordinance, and 
appointed the town constable to see they were executed, would not render the town liable. Town 
of Odell v. Schroeder, 58 111. R., 353. 

But municipal corporations will lie liable for the illegal acts of its officers and serv- 
ants, proceeding contrary to law, or in an irregular manner, where the act done is within the cor- 
porate power, and might have been lawfully accomplished, had the municipal authorities pro- 
ceeded according to law. City of Chicago v. Turner, 80 111. R., 419. 

WHAT IS OF ITSELF A NUISANCE. 

(2) A common nuisance is an offeiase against the public, by doing anything injuri- 
ous to all the people, or by omitting to do that which the common good* requires. Earp v. Lee, 
71 111. R., 193. 

Anything done to the hurt or annoyance of the lands, tenements or heredita- 
ments of another, is a private nuisance, and may be abated, that is taken away or removed by the 
party aggrieved thereby, so as he commits no riot in the doing of it. Calef v. Thomas, 81 111. 
R., 478. 

Privies are regarded as prima facia nuisances, and though necessary and indispen- 
sible in connection with the use of property for the ordinary purposes of habitation, yet if they 
are built or allowed to remain in such a condition as to annoy others in the proper enjoyment of 
their property, by reason of the noisome smells that arise therefrom, or by the escape of filthy 
matter therefrom upon the premises of another, or so as to corrupt the water of a well or spring, 
they are nuisances in fact. Wahle v. Beinbach, 76 111. R., 322. 

A railway constructed on a public street of a city, without authority of law, is a 
continuous obstruction, which amounts to a public nuisance. Denver & S. By. Co. v. Denver City 
By. Co., 2 Col. T., 673. 

An object on a highway calculated to frighten a horse of ordinary gentleness, as 
a pile of stones, may be on that ground a nuisance. Such an object is not distinguishable in law 
from an obstruction which a traveler drives against. Clinton v. Howard, 42 Conn. R., 295. 

A building so erected that its roof overhangs the street, is a nuisance, and its erec- 
tion and maintenance is an indictable offense. Garland v. Towne, 55 N. H. R., 55. 

Any business, however lawful, which causes annoyances that materially inter- 
fere with the ordinary comfort, physically, of human existence, is a nuisance that should be re- 
strained ; and smoke, noise and bad odors, even when not injurious to health, may render a dwell- 
ing so uncomfortable as to drive from it any one not compelled by poverty to remain. The dis- 
comfort must be physical, not such as depends upon taste or imagination. But whatever is offen- 
sive physically to the senses, and by such offensiveness makes life uncomfortable, is a nuisance. 
Wahle v. Beinbach, 76 111. R., 322. 

A railroad company -which permits an animal lolled by its locomotives to remain 
and decompose on the road bed, so near to a dwelling house as to render the inmates sick, is li- 
able to the person in whom the possession of the dwelling is legally vested as for a nuisance. 
Such occupant, if husband, is the proper party plaintiff, although the sickness complained of is 
that of the wife. Ellis v. Kansas City &c. B. B. Co., 63 Mo. R., 131. 



AET. V.] OF THE POWERS OF CITY COUNCIL. 59 

Seventy -sixth — Board of health.] To appoint a board of health, 
and prescribe its powers and duties. 



"WHAT IS NOT A NUISANCE. 

Manufactories, machine shops and. flouring mills, are not generallly to be regarded 
as nuisances. There are many annoyances, inconveniences and interruptions incident to the en- 
joyment of property in a state of society, for which the law does not and cannot give compensa- 
tion. Cooper v. Randall, 59 111. R., 317. 

In tile absence of an adverse right toy prescription, grant or otherwise, the 
owner has the right to erect a fence or building upon his own land, which will have the effect to 
deprive the owner of adjacent premises of light and air to his house, and obstruct his view from 
the same, and such erection, unless made ofoffensive material, will not be a nuisance for which 
any action lies. Guest v. Reynolds, 68 111. R., 478. 

The introduction of a steam locomotive upon a highway, as a means of travel, 
is not necessarily a nuisance, and whether its use as such has, in a particular instance, been so 
negligently managed to the injury of others, as to give rise to a right of action, is one of fact for 
the jury, as a question of reasonable conduct and management on the part of both parties. 
Macomber v. Xichols, 34 Mich. R., 212. 

Where owners of lots have erected docks on their land bordering on the Chicago 
River, and enjoyed the use of the same for twenty-five years, without complaint or interruption 
from any source, and even if they were not riparian owners, and their boundaries did not extend 
beyond the water's edge, after such long acquiescence the corporate authorities of the city cannot 
declare them a nuisance, which, if they are, have become so by the act of the city. City of Chi- 
cago v. Lafjtin et a'., 49 111. R., 172. 

Where an ordinance of a town declared that if any person shall place or allow to re- 
main, wood in quantities over ten cords, or shall keep any butcher shop in a manner deletrious 
to the health of the people of the town, or offensive to them in their business avocations, or of any 
private family, the same is declared a nuisance. To render wood placed within the corporate 
limits a nuisance, it is necessary it should be deleterious to the health, or offensive to a private 
family, or to the inhabitants. Ewbanks v. Iowa of Ashley, 36 111. R., 177. 

POWER TO DECLARE A NUISANCE. 

Incorporated towns have the power to declare the sale of liquors within their 
limits shall be deemed a nuisance, and punished as such ; they, have the exclusive privilege of 
granting license to sell such liquors, and to prescribe the terms upon which they may be sold. 
Village of Coulterville v. Gillen, 72 111. R., 599. 

The legislature has authority under the constitution to confer on an incorporated 
town the power to declare what shall be a nuisance, and to provide for their abatement, and 
under this power, an ordinance declaring that swine running at large are nuisances, and pro- 
viding for the abatement thereof is valid. Roberts v. Ogle, 30 111. R., 459. 

Under what is called the police power, the legislature has the right to authorize the 
abatement of a public nuisance, and the carrying on of an illegal traffic in intoxicating liquors, 
and the assembling of the idle and vicious for that purpose, is a nuisance, and may be so de- 
clared, and abated according to law. Strceter v. The People, 69 111. R., 595. 

A municipal corporation, in the absence of any general laws, either of the city 
or state, within which a given structure can be shown to be a nuisance, cannot by its mere 
declaration that it is one, subject it to be removed by any person supposed to be aggrieved, or 
even by the city itself. C. R. I. & P. R. R. Co, v. City of Joliet, 79 111. R., 25. 

Under a power- in the charter to declare the selling, giving away, or the keeping 
on hand, for sale, of liquors, within the city a nuisance, ordinances making possession within the 
city, without any intention of selling therein, an offense, are invalid. Sullivan v. City of Oneida, 
61 111. R., 242. 

ABATEMENT OF NUISANCE. 

Where it is made the duty of a city to remove, as far as they may be able, every 
nuisance which may endanger health, the courts cannot control the manner inVhieh this shall 
be done. Dillon on Mun. Corp., # 59, and cases cited. 

Nuisances -which otostruct travel in putolic highways, in navigable streams, may 
be abated by any citizen who is thereby incommoded, and the right of the citizen to abate 
nuisances is confined to that class of cases, and even in such cases it must be done without a 
breach of the peace. Earp v. Lee, 71 111. R., 193. 

Where a hedge, planted toy an owner on his own land, is suffered to grow and 
extend over the right of way of a railroad company so as to obstruct it, the company will have 
the clear right, and it is their duty, to trim such hedge, doing no unnecessarv damage. Toledo, 
W. & W. R. W. Co. v. Green, 67 111., 199. 

Where the charter of an incorporated town gave the board of trustees power to 
declare what should be considered a nuisance, and to remove the same, that under those powers 
the town possessed the authority to so order the use of private property within its limits as to 



60 CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 



Seventy-seventh — Hospitals.] To erect and establish hospitals 
and medical dispensaries, and control and regulate the same. 

Seventy -eighth — Promote health.] To do all acts, make all reg- 
ulations which may be necessary or expedient for the promotion 
of health or the suppression of disease. 

Seventy-ninth — Cemetaries.] To establish and regulate ceme- 
teries within or without the corporation, and acquire lands there- 
for, by purchase or otherwise, and cause cemeteries to be removed, 
and prohibit their establishment within one mile of the corpora- 
tion.^) [See Rev. Stat. "Cemeteries," ch. 21, § 4. 

prevent its proving dangerous to the persons and property of its citizens. C. B. & Q. R. R. Co. v. 
Haggerty, 67 111. R., 113. 

PROSECUTION FOR NUISANCE— LIABILITY. 
In prosecutions for the violation of town ordinances, such, as a nuisance in 

obstructing a road, being a civil proceeding, the offense need not be proved beyond a reasonable 
doubt, but by a preponderance of testimony. Tjwu of Hivauiu, v. Brlggs, 58 111. R., 486; 
Town of Lewlston v. Proctor, 27 111. R. ; 414. 

In an action for a penalty, in the obstruction of village street, if the com- 
plaint gives a local description, sufficient to fix the precise points obstructed, and also the termini 
of the road, the latter may be disregarded. Town of Lewlston v. Proctor, 27 111. R., 414. 

Injuries resulting from the obstruction of highways leading to the premises of 
the party complaining, and interfering with access to them, are proper grounds of recovery by 
the injured party, even though many others sustain like injuries from the same cause. Park v. 
C. & S. W. R. Co., 43 Iowa, R., 636. 

A party in whose possession and control a railroad is placed, with power to 
control its use, is equally liable with the original owner, fjr a nuisance arising from the manner 
of its construction. Tate v. Missouri, K. & P. R. R. Co., 61 Mo. R., 149. 

The remedy for a public nuisance is by indictment. The law does not authorize 
individuals to tear down and destroy a building in which an unlawful business is carried on, 
nor permit a court, on conviction, to have such building destroyed or abated ■, the offenders are 
subject to punishment. Earp v. Lee, 71 111. R., 193. 

On the trial of an indictment for a nuisance in obstructing a highway, the ques- 
tions, whether the road was ever worked or recognized by the public authorities, or whether the 
road was used as a public highway, are proper, and the answers should be admitted in evidence. 
The description of a road in an indictment is material, and must be proved as laid. Martin v. 
The People, 23 111. R., 395. In such trial the existence of the highway may be proved by prescrip- 
tion from user. And unless it is assumed by the pleadings, documentary proof of the location of 
the highway is not indispensable. Dlmoti v. The People, 17 111. R., 416. 

A party who is indicted for a nuisance by obstructing a highway cannot be 
convicted for continuing an obstruction ; they are distinct offenses. Loive v. The People, 28 111. 
R., 518. 

A city being between itself and an author of a nuisance in a street, also a wrong 
doer, it can have no remedy over against the author ot the nuisance for damages, it may be com- 

fielled to pay to a third person, in consequence of the wrongful act. Knox v. City of Sterling, 73 
11. R., 214. 

Where the author of a nuisance is liable over to a city for any damages the cor- 
poration may be compelled to pay for the wrongful act ; notice by the corporation to him, of a suit 
growing out of the nuisance, will not make him a party to the judgment, or estop him from 
questioning his liability when sued. Knox v. City of Sterling, 73 111. R., 214. 

Where a city is compelled to pay damages to a person injured by the owner or 
occupant of premises creating a nuisance in the sidewalk adjoining the premises, without the 
authority of the city, expressed or implied, the author of such nuisance will be responsible to 
the city for the damages so paid by it. Qridley v. City of Bloomlngton, 68 111. R., 47. 

(1) The law has made the following general provisions concerning cemeteries 

affecting cities and other municipal corporations : 

Laws 1877, p. 51. " Power to establish cemeteries.] g 1. Any city, village, or township 
in this state may establish and maintain cemeteries within and without its corporate limits, and 
acquire lands therefor, by purchase, condemnation or otherwise ; and may lay out lots of con- 
venient size for families ; and may sell lots for family burying ground, or to individuals for burial 
purposes." 



ART. V.] OF THE POWERS OF CITY COUNCIL. 61 

Eightieth — Animals.] To regulate, restrain and prohibit the 
running at large of horses, cattle, swine, sheep, goats, geese and 
dogs, and to impose a tax on dogs. (1) [Sae Rev. Stat., "Ani-, 
mals," ch. 8,§ 1-7. 



Rev. Stat., 196. " When cemetery may toe removes? — expense.] g 1. Whenever any 
cemetery shall be embraced within the limits of any town or city, it shall be lawful for the cor- 
porate authorities thereof, if. in their opinion, any good cause exists why such cemetery should 
be removed, to cause the remains of all persons interred therein to be removed to some other 
suitable place : Provided, said corporate authorities shall have first obtained the assent of the 
trustees or other persons having the control or ownership of said cemetary.or a majority thereof : 
And, provided, further, that when such cemetery is owned by one or more private parties, or 
private corporation or chartered society, the corporate authorities of such town or city may 
require the removal of such cemetery to be done at the expense of such private parties, or 
private corporation or chartered society, if such removal be based upon their application." 

Rev. Stat., 196. " When cemetery land may "be sold.] § 1. In all cases where cemetery 
companies, incorporated by special law, have been or shall be prohibited by any act of the legis- 
lature or municipal ordinance from occupying any land purchased for burial purposes, and the 
boundaries limited by such law or ordinance, it shall and may be lawful for any such company 
to sell and convey the land outside of such boundaries for other than burial purposes." 

Where certain officers of the town of Lake View were created a board of trustees, 
by an act in 18G5, with power, among other things, to abate and remove nuisances, and punish 
the authors thereof by penalties, fines and imprisonment, and to authorize and direct the sum- 
mary abatement thereof; and such board of trustees, under this authority, passed an ordinance 
forbidding any cemetery to be opened in the town, without first obtaining their permission, it 
was held that the board of trustees had no power, under this grant, to prohibit in advance the 
establishment of any cemetery except as authorized by the board. Town of Lake View v. Metz, 4.i 
111. R., 82. 

A cemetery is not a nuisance, per se, and the subject of legislative prohibition. The 
legislature has the constitutionalright to pass laws to regulate the interment of the dead, so as to 
prevent injury to the health of the community, and this in respect to a private corporation act- 
ing under a charter, as well as with individuals. Lake View v. Eose Hill Cem, Co., 70 111. R., 191. 

While cemeteries in cities are not per se nuisances, special circumstances may 
make them so. It is not, however, sufficient that they affect the market value of property in the 
vicinity. Dillon on Mun. Corp., g 307, and cases cited. 

The public health, comfort and convenience are concerned in the proper regu- 
lation of burials; and the evils resulting from its neglect are especially to be apprehended in the 
crowded population of cities. Power to regulate this matter may properly be conferred upon 
municipal corporations, and such power will be held to be given by authority to make police 
regulations or to pass by-laws respecting the health, good government and welfare of the place. 
Dillon on Mun. Cor., # 306, and cases cited. 

Where a cemetery company is chartered with power to acquire lands for 
burial purposes, not exceeding five hundred acres, and it acquires the lands and expends its 
money in preparing and adorning the same, an act of the legislature prohibiting the company 
from using any of its lands outside its then inclosure for the burial of the dead, without regard 
to the manner of the exercise of its franchise, is unconstitutional and void, as impairing the 
obligation of the contract contained in the charter. Lake View v. Eose Hill Cem. Co., 70 111. 
R., 191. 

(1) An ordinance of a municipal corporation declaring that swine running at 
large shall be deemed a nuisance, is valid. The legislature has authority to confer on municpal 
corporations the power to declare what shall be a nuisance, and to provide for abating the same, 
under which, such ordinance would be good. Eoberts v. Ogle, 38 111. R., 459. 

Penalties prescribed by ordinance against animals running at large, can only 
be enforced by suit. WUUs v. Legris, 45 111. R., 289. And an ordinance providing that damages 
caused by cattle running at large, shall be assessed by three disinterested persons, is void. In a 
proceeding to ascertain such damages, the owner is entitled to a trial by jury, as in any other case 
at law. Bullock v. Geomble, 45 111. R.. 218. 

The special remedy given by the ordinance is simply cumulative. Ames el al.v. Carlton, 41 111. 
R., 261. In proceedings under such ordinances, all the requirements must be strictly pursued or 
the officers seizing and impounding cattle will become trespassers. Clark v. L^ewis, 35 111. R., 417. 

Where an ordinance of a town declared that hogs running at large in the 
town should be a nuisance, and prohibited the same, and directed that hogs and pigs so found 
running at large should be taken up by the police constable and impounded, it was held that the 
hogs of a party who resided near the town limits, and who suffered them to go at large, were sub- 
ject to be impounded. Friday v. Floyd, 63 111. R., 50. 

Where a party's horses escaped from his inclosurcs against his will, and he 



G2 CITIES AND VILLAGES — INCOKPORATION ACT. [DTV. I. 

Eighty -first — Packing houses* J To direct the location and reg- 
ulate the management and construction of packing houses, render- 
ies, tallow chandleries, bone factories, soap factories and tanneries, 
within the limits of the city or village, and within the distance of 
one mile without the city or village limits. 

Eighty -second — To direct the location and regulate the use and 
construction of breweries, distilleries, livery stables, blacksmith 
shops and founderies within the limits of the city or village. 

Eighty-third — To prohibit any offensive or unwholesome busi- 
ness or establishment within or within one mile of the limits of 
the corporation. 

Eighty -fourth — To compel the owner of any grocery, cellar, soap 
or tallow chandlery, tannery, stable, pig-sty, privy, sewer or other 
unwholesome or nauseous house or place, to cleanse, abate or re- 
move the same, and to regulate the location thereof. 

Eighty -fifth — Census.] The city council, or trustees of a village, 
shall have power to provide for the taking of the city or village 
census ; but no city or village census shall be taken by authority 
of the council or trustees oftener than once in three years. 

Eighty -sixth — Public buildings.] To provide for the erection 
and care of all public buildings necessary for the use of the city or 
village. (1) 

Eighty -seventh — Ferries — Toll bridges.] To establish ferries, toll 
bridges, and license and regulate the same, and, from time to time, 
fix tolls thereon. [See § 194. 

Eighty-eighth — To authorize the construction of mills, mill-races 
and feeders on, through or across the streets of the city or village, 
at such places and under such restrictions as they shall deem 
proper. 

Eighty -ninth — Extend streets.] The city council shall have 
power, by condemnation or otherwise, to extend any street, alley 
or highway over or across, or to construct any sewer under or 
through any railroad track, right of way, or land of any railroad 



immediately went in search of them, but before he found them they were seized by the police 
constable of the town, that under such circumstances the horses were not running at large in the 
legal sense of the term, and the constable had no right to detain from the owner. Kindce v. Gil- 
lespie, 63 ill. R., 88; Town of Collinsville v. tieanland, 58 111. R., 221. 

"Where a city ordinance authorized tlie mayor by proclamation, to order all persons 
within the city limits to confine or secure by muzzle their dogs, and the city marshal to carry into 
effect the provisions of the ordinance, under the mayor's proclamation, employed an agent di- 
recting him to destroy all dogs found running at large and not properly muzzled. Held, the 
marshal would not be liable for the wanton, wilful, or negligent act of such agent in killing a dog 
not within the terms of the ordinance and proclamation. Pritchard v. Keefer, 53 111. R., 117. 

(1) Under a charter creating a general municipal government, with all the or- 
dinary machinery thereof, there is power to erect a town hall for corporate purposes. The ques- 
tion of its necessity must be left in a great degree to the people and the officers. Greeley v. 
The People, 60 111. R., 19; Lankenan v. The People, (32 111. R., 287; Castle v. The People, 62 111. R., 287. 






AET. V.] OF THE POWEKS OF CITY COUNCIL. 63 



company (within the corporate limits) ; but where no compensation 
is made to such railroad company, the city shall restore such rail- 
road track, right of way or land to its former state, or in a suffi- 
cient manner not to have impaired its usefulness. 

Ninetieth — Rail road tracks.] The city council or board of 
trustees shall have no power to grant the use of, or the right to 
lay clown, any railroad tracks in any street of the city, to any 
steam or horse railroad company, except upon a petition of the 
owners of the land representing more than one-half of the frontage 
of the street, or so much thereof as is sought to be used for rail- 
road purposes.(l) [See Rev. Stat., " H. and D. R. R.," ch. 66, § 3; 
Railroads and Warehouses," ch. 114, § 19. 



(1) Tlie general railroad law, concerning the use of streets in municipal corpora- 
tions, Chapter 114, Revised Statutes, provides among other things that nothing therein contained 
shall be construed to authorize the construction of any railroad upon or across any street in any 
city, or incorporated town or village, without the assent of the corporation of such city, town or 
village; Provided, that in case of the constructing of said railway along highways, plank roads, 
turnpikes or canals, such railway shall either first obtain the consent of the lawful authorities 
having control or jurisdiction of the same, or condemn the same under the provisions of any emi- 
nent domain law now or hereafter in force in this state. Rev. Stat. 803, g 20, 

The law concerning horse and. dummy railroads, Chapter 66 of the Revised Stat- 
utes, has made the following provisions: 

Rev. Stat., 571. "Locationofroad — consent — notice — damages.] §3. No such company 
shall have the right to locate or construct its road upon or along any street or alley, or over any 
public ground in any incorporated city, town or village, without the consent of the corporate 
authorities of such city, town or village, nor upon or along any road or highway, or upon 
any public ground without any incorporated city, town or village, except upon the con- 
sent of the county board. Such consent may be granted for any period, not longer than twenty 
years, on the petition of the company, upon such terms and conditions, not inconsistent with the 
provisions of this act, as Mich corporate authorities or county board, as the case may be, shall 
deem for the best interests of the public: Provided, no such consent shall be granted, unless at 
least ten day's public notice of the time and place of presenting such petition shall have been first 
given by publication in some newspaper published in the city or county where such road is to be 
constructed, and except upon the condition that the company will pay all damages to owners of 
property abutting upon the street, alley, road, highway or public ground upon or over which 
such road is to be constructed, which they may sustain by reason of the location or construction 
of the road; the same to be ascertained and paid in the manner provided by law for the exercise 
of the right of eminent domain. 

" Control of streets reserved— police power.] 3 4. Every grant to any such' company 
of a right to use any street, alley, road, highway or public ground, shall be subject to the right of 
the proper authorities to control the use, improvement and repair of such street, alley, road, high- 
way or public ground, to the same extent as if no such grant had been made, and to make all 
necessary police regulations concerning the management and operation of such railroad, whether 
such rightis reserved in the grant or not." 

The appropriation of property to the construction of a railroad for the trans- 
portation of persons or property, is a public use. C. R. I. & P. R. R. Co. v. City of Joliet, 79 111. 
R., 25. 

Where hy a city charter, its local authorities are vested with exclusive con- 
trol over the streets, and those authorities grant permission to locate railway tracts along the 
streets, the owners or occupants of property fronting on such streets, cannot enjoin the laying of 
such tracks, nor receive compensation for such use of a street. Moses et at v. P. F. W. &. Chicago R. 
R. Co., 21 111. R., 516. 

A proviso in a city ordinance granting privileges to a railroad company, that such 
railroad company should be subject to all laws and ordinances that might thereafter be passed to 
regulate railroads in the city, only means that the railroad shall be subject to ail reasonable and 
legal ordinances for the regulation of the road. It has no such scope that the railroad company 
should abandon or take up and remove its track at the bidding of the common council. C. R. I. 
& P. R. R. Co. v. City of Joliet, 79 111. R., 25. 

In a proceeding by a railroad company to condemn, land for the use of its road, 
it is sufficient that it is a defacto corporate body. McAuley v. C. C. 6c I. C. R. R. Co., 83 111. 



64 CITIES AND VILLAGES — INCOKPOEATTON ACT. [DIV. I. 

Ninety-first — To tax, license and regulate auctioneers, distillers, 
brewers, lumber yards, livery stables, public scales, money chang- 
ers and brokers. (1) 

Ninety-second — To prevent and regulate the rolling of hoops, 
playing of ball, flying of kites, or any other amusement or prac- 
tice having a tendency to annoy persons passing in the streets or 
on the sidewalks, or to frighten teams and horses. 

Ninety -third — Lumber yards.] To regulate and prohibit the 
keeping of any lumber yard, and the placing or piling or selling 
any lumber, timber, wood or other combustible material, within 
the fire limits of the city. 

Ninety-fourth — To provide, by ordinance, that all the paper, 
printing, stationery, blanks, fuel, and all the supplies needed for 
the use of the city, shall be furnished by contract, let to the 
lowest bidder. 

Ninety-fifth — Junk stores.] To tax, license and regulate second- 
hand and junk stores, and to forbid their purchasing or receiving 
from minors, without the written consent of their parents or 
guardians, any article whatsoever. (2) 

Ninety-sixth — To pass all ordinances, rules, and make all regu- 
lations, proper or necessary, to carry into effect the powers granted 
to cities or villages, with such fines or penalties as the city council 
or board of trustees shall deem proper : Provided, no fine or pen- 
alty shall exceed $200, and no imprisonment shall exceed six 
months for one offense. (3) 



(1) TJie power to tax, license and regulate auctioneers, etc., authorizes the city 
authorities to adopt any reasonable ordinance for the purpose. The city may tax, may license, 
and regulate the business, and the ordinance may properly empower the mayor to revoke the 
license fur cause. Wiggins v. City of Chicago, 6rf 111. R., 373. 

The term "banker" includes all the business of a money changer, and the 
term " money changer " is defined to be " a broker who deals in money or exchanges." One doing 
a banking business is a money changer within the meaning of the above clause. Hinckley v. 
Belleville, 43 111. R., 183. 

(2) The selling of second-hand hooks, as an incident to an ordinary hook 
store, is not dealing in second-hand goods, within the meaning of an ordinance of a city which 
required any person who keeps a store, office, or place of business, for the purchase or sale of 
second-hand clothing, garments ot any kind, or second-hand goods, wares or merchandise. 
Eastman v. City of Chicago, 79 111. R., 178. 

(3) Where a municipal corporation is in-rested with power to pass ordinances, 

an ordinance enacted by the legislative branch of the corporation, and within the power con- 
ferred, has the force and effect of a law passed by the legislature, and cannot be regarded other- 
wise than a law of, and within the corporation. Mason v. City of Shawneetoion, 77 111. R., 533. 

But a corporation cannot give its ordinances effect beyond its own limits. Strauss v. Pontiac, 
40 111. R., 301. 

Ordinances of a city must be reasonable, and must not prohibit the business or adopt 
unreasonable regulations which would be oppressive or highly injurious to the business. Wig~ 
gin-s v. City of Chicago, 6S 111. R., 373. Ordinances must not be unreasonable, oppressive, or such 
as will create a monopoly. Tug man v. City of Chicago, 78 111. R., 405. 

An ordinance which makes an act done by one penal, and imposes no penalty for 
the same act done under like circumstances, by another, cannot be sanctioned or sustained, be- 
cause it would be unjust and unreasonable. Nor can a municipal corporation by ordinance pro- 



ART. Y.] OF THE POWERS OF CITY COUNCIL. 65 

63. Style of ordinances.] § 2. The style of the ordinances in 
cities shall be : " Be it ordained by the City Council of " 

64. Publication of ordinances— When take effect.] § 3. All 

ordinances of cities and villages imposing any fine, penalty, im- 
prisonment or forfeiture, or making any appropriation, shall, 
within one month after they are passed, be published at least once 
in a newspaper published in the city or village, or, if no such 
newspaper is published therein, by posting copies of the same in 
three public places in the city or village ; and no such ordinance 
shall take effect until ten days after it is so published. And all 
other ordinances, orders and resolutions shall take effect from and 
after their passage, unless otherwise provided therein. (1) 

65. Proof of ordinances.] § 4. All ordinances, and the date of 
publication thereof, may be proven by the certificate of the clerk, 
under the seal of the corporation. And when printed in book or 
pamphlet form, and purporting to be published by authority of the 
board of trustees or the city council, the same need not be other- 
wise published ; and such book or pamphlet shall be received as 
evidence of the passage and legal publication of such ordinances, 
as of the dates mentioned in such book or pamphlet, in all courts 
and places without further proof. (2) [See Rev. Stat., " Evidence, 
etc.," ch. 51, § 14 

hibit certain persons from engaging in a particular kind of business in a given locality, and 
permit others to continue their business. Tugman v. City of Ccicago, 78 111. E., 548. 

Where an act is a criminal offense, indictable in the superior court, an ordinance of 
city or town, making such act a criminal offense, punishable by fine or imprisonment, is void. 
Town of Washington v. Hammond, 76 N. C. E., 33. 

But ordinances are not rendered void or inoperative by the fact that the acts forbiden by it are 
also forbidden by a general law of the state. Polinsky v. People, 18 N. Y. Supreme Ct. E., o90. 

An ordinance is not necessarily all void because some part of it may be so. Baker v. Town of 
Normal,' 81 111. E., 108. 

Where a city ordinance is enacted to promote the public peace, safety and con- 
venience, and provides the sanction of a fine, the violation of the ordinance is a public offense, 
and the guilty party is liable to a criminal prosecution. Jaquith v. Boyce, 42 Iowa E., 406. 

The enforcement of municipal ordinances is by the municipal authorities, not by 
indictment in the courts of general criminal jurisdiction. State v. White, 76 N. C. E., 15 ; State v. 
Threadgill, Id., 17. 

A court of chancery has no jurisdiction to enjoin tlxe prosecution of a suit for 
the violation of a village ordinance, nor is it within the power of the parties to waive the ques- 
tion of jurisdiction, and compel it to try the cause. Yates v. Village of Batavia, 79 111. E., 500. 

(1) Where a charter of a city required the city authorities to publish a digest of its 
ordinances within one year after grant of its charter and every five years thereafter, that this 
requirement "was only directory, and a neglect to observe it presented no ground for defeating a 
recovery for violation of an ordinance. Whalin v. City of Macomb, 76 111. E., 49. 

(2) See form of clerk's certificate, Div. II, post. 

Wliere a charter of a town provides that no ordinance shall he of any force 
until the same has been advertised, by publishing copies in three public places in said town for 
ten days, but contains no provision as to how proof of publication should be made, it must be 
proved as at common law. C. A. B. B. Co. v. Eagle, 76 111. E., 317 

In a suit hrousjht hy the city to recover a penalty for the violation of a city 
ordinance, it is proper to exclude an ordinance when offered in evidence, unless it is shown that 
the city had authority to pass the ordinance. City of Alton v. Hartford Fire Ins. Co., 72 111. E., 
328. 

5 



66 CITIES AND TILLAGES — INCOBPOEATION ACT. [DIV. I. 

00. Suits for violating ordinances.] § 5. All actions brought 
to recover any fine, or to enforce any penalty, under any ordinance 
of any city or village, shall be brought in the corporate name of 
the city or village as plaintiff; and no prosecution, recovery or 
acquittal, for the violation of any such ordinance, shall constitute 
a defense to any other prosecution of the same party for any 
other violation of any such ordinance, although the different 
causes of action existed at the same time, and, if united, would 
not haxe exceeded the jurisdiction of the court or magistrate. (1) 



If the ordinances of a city, town or village, incorporated, under the general 

law of 1872, are published in book or pamphlet form, purporting to have been published by 
: authority of the board of trustees or the city council, no other publication need be shown to 
admit them in evidence, nor need the fact of their passage be proven. Byars v City of ML Ver- 
non, 74 111. R., 467. 

When an ordinance of a town, is proved in the manner prescribed in the book of 

ordinances for the authentication of the ordinances of the town, it is proper to admit it in evi- 
dence. Hendsoldt v. Petersburg, 63 111. R., 111. 

Under the charter ©f the town of Jacksonville, the production of a news- 
paper, published in the town, containing what appears as an ordinance of the town, which is 
headed, " published by authority," and the ordinance purports to be signed by the president of 
the board, and countersigned by the town clerk, it was held, proves a sufficient adoption and 
authentication of the ordinances. Block v. Town of Jacksonville, 36 111. R., 130. 

(1) The proper form of action to hring for the violation of an ordinance of an 

incorporated town, is debt, unless the charter prescribes a different action. Jacksonville v. Block, 
■ 36 111. R., 507. 

The law requiring security for costs in prosecutions under penal statntes 

was held not to refer to prosecutions under city ordinances. Statutes requiring security for costs 
to be given in actions on penal statutes do not apply to actions brought by municipal corpora- 
tions for violation of town or city ordinance. Such ordinances are not statutes within the mean- 
ing of that act. Town of Lewistown v. Proctor, 23 111. R,., 533; Jacksonville v. Block, 36 111. R., 507; 
Quincy v. Ballance, 30 111. B,., 185. 

Where the charter of a town provides that the summons shall state the ordi- 
nance violated, the party summoned cannot be tried under another and different ordinance from 
that stated in the summons. Gates v. City of Aurora, 44 111., 122. 

In a suit "by an incorporated town, to recover for a violation of an ordinance 
for the sale of liquors, recovery may be had on several violations, so that the judgment shall 
not exceed the amount of the jurisdiction of the justice or police magistrate before whom the 
suit was tried. Hensoldt v. Petersburg, 63 111. R., 111. 

An action of debt, for violation of a city ordinance, is a civil proceeding, and it is 
wrong to imprison therefor. City of Kinmundy v. Mahan 72 111. R., 462. 

In a prosecution under an ordinance for selling intoxicating liquors, a com- 
plaint under oath, upon information and belief that a party has violated a certain section of an 
ordinance, by selling intoxicating liquors in the city, not having a legal license to keep a gro- 
cery, is substantially good. Byars v. City of ML Vernon, 78 111. B,., 11. 

Where a complaint in a suit, for violation of an ordinance, recited the ordi- 
nance violated by its title, and such ordinance was superceded by a subsequent one revising the 
whole subject, the title of which did not appear in the record, the defendant objected that no 
recovery could be had, as the ordinance referred to in the complaint had been repealed : Held, 
that the recovery could be sustained under the subsequent ordinance, as its title may have been 
the same as the one repealed. Booth v. Town of Carthage, 67 111. R., 102. 

Where a defendant, when sued for the violation of an ordinance, on the trial 
below, did not object to the introduction of the ordinance on the ground that it had not been 
published as required by the charter, but confined his objections to reading the whole of it, con- 
tending that only certain parts of it should go in evidence; Held, by admitting that the ordi- 
nance had been properlv published, the whole of it was properly admitted as evidence. Booth v. 
Town of Cartilage, 67 111. R., 102. 

As set out in a plea, the ordinance simply declared the obstructing a street a mis- 
demeanor, without declaring a penalty, or giving to municipal authorities jurisdiction of the 
offense : Held, that such plea did not show that the city was entitled to recover a fine, impose a 
penalty, or issue process of any kind for the offense, and was therefore bad. Bowman v. St. Louis, 
43 111. R„ 337. 



ART. V.] OF THE POWERS OF CITY COUNCIL. 67 

67. Fines and licenses — Paid to Treasurer.] § 6. All fines 
and forfeitures for the violation of ordinances, when collected, 
and all moneys collected for licenses or otherwise, shall be paid 
into the treasury of the corporation, at such times and in such 
manner as may be prescribed by ordinance. (1) 

68. Summons — Affidavit — -Punishment.] § 7. In all actions 
for the violation of any ordinance, the first process shall be a sum- 
mons : Provided, however, that a warrant for the arrest of the of- 
fender may issue in the first instance upon the affidavit of any 
person that any such ordinance has been violated, and that the 
person making the complaint has reasonable grounds to believe 
the party charged is guilty thereof; and any person arrested upon 
such warrant shall, without unnecessary delay, be taken before the 
proper officer to be tried for the alleged offense. Any person upon 
whom any fine or penalty shall be imposed, may, upon the order 
of the court or magistrate before whom the conviction is had, be 
committed to the county jail or the calaboose, city prison, work- 
house, house of correction, or other place provided by the city or vil- 
lage for the incarceration of offenders, until such fine, penalty and 
cost shall be fully paid : Provided, that no such imprisonment shall 
exceed six months for any one offense. The city council or board 

Tlie charter of a town authorized tlte board of trustees to inflict such punish- 
ment for any offense against the laws of the incorporation as may be provided by law for like 
offense against the laws of the state : Held, that this did not authorize the passage of an ordi- 
nance imposing a fine of from five to fifty dollars for assault, etc., the minimum fine of such 
offense, under the laws of the state, being three dollars. Town of Petersburg v. Metzker. 21 111. 
II., 205. 

The fact that am ordinance covers cases, among others, which the city has no power 
to control, is no reason why it should not be enforced in "those cases over which the city has 
power. Kettering v. City of Jacksonville, 50 111. R., 39. 

A party cannot be liable to a penalty imposed by an ordinance of an incorporated 
town, nor can a conviction therefor be had unless it appears that the ordinance took effect and 
was in force at the time the act complained of was committed; and the provision of the charter 
must have been complied with in passing it, and the fact must be shown by proper proof. 
Booth v. Town of Carthage, G7 111. R., 102; Newlan v. Prcs. and Trustees of Aurora, 14 111. R., 364. 

Whether a city has forfeited its cliarter, can only be raised in a direct proceeding by 
scire facias or quo warranto. The question can not be raised in a suit for a violation of its ordi- 
nances. Whalin v. City of Macomb, 76 111, R., 49. 

In a suit to recover the penalty fixed by ordinance, for the violation of an ordi- 
nance, the fact that the defendant is liable on a bond given, does not preclude a recovery for the 
violation of the ordinance. Whalin v. City of Macomb, 7G 111. R., 49. 

As to whether a judgment on a fine for violation of an ordinance of a municipal cor- 
poration is a bar against a shit for violation of a state law for the same offense, the decisions are 
hot uniform. It is clear, however, that a state law and an ordinance of a town or city corpora- 
tion not inconsistent with each other, and in harmony with the constitution, may stand together. 
And the weight of authority seems to be that an offense committed that offends against the 
proper police regulations of a municipal corporation, and at the same time offends against the 
penal lavvsof the state, can legally be prosecuted for cither, and a prosecution under one will not 
be a bar to a legal prosecution under the other. Hamilton v. The State, Court of Ap. of Texas, 1878 ; 
Cooley on Const. Lim., top p. 198, 3d ed ; Rogers v. Jones, 1 Wend. R., 217; City of St. Louis v. Cof- 
ferator, 24 Mo. R., 97; Mayor etc. v. Attain, 14 Ala. R., 400. 

(1) Municipal corporations have the right to retain and appropriate to their own 
use all moneys arising from the granting of licenses to sell liquor where no provisions are made to 
the contrary, such being the immemorial custom in such grants to municipal bodies. ML Carmel 
V. Wabash Countv, 50 111. R., G9. 



68 CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 

of trustees shall have power to provide, by ordinance, that every 
person so comitted shall be required to work for the corporation, 
at such labor as his or her strength will permit, within and without 
such prison, work-house, house of correction, or other place pro- 
vided for the incarceration of such offenders, not exceeding ten 
hours each working day ; and for such work the person so em- 
ployed to be allowed, exclusive of his or her board, $2 for each 
day's work on account of such fine and cost.(l) 

69. Jurisdiction of justices, etc. ] § 8. Any and all justices of 
the peace and police magistrates shall have jurisdiction in all cases 
arising under the provisions of this act, or any ordinance passed 
in pursuance thereof. (2) 

70. Constable or sheriff may serve process, etc.] § 9. Any 
constable or sheriff of the county may serve any process, or make 
any arrests authorized to be made by any city officer. (3) 

71. Jurisdiction over waters— Street labor.] § 10. The city 
or village government shall have jurisdiction upon all waters 
within or bordering upon the same, to the extent of three miles 
beyond the limits of the city or village, but not to exceed the limits 
of the State; and may, by ordinance require every able-bodied 
male inhabitant, of such city or village, above the age of twenty- 
one years and under the age of fifty years, (excepting paupers, 
idiots, lunatics, and such others as are exempt by law,) to labor on 
the streets and alleys of such city or village, not more than three 



(1) How suit may he Drought. Where the legislature confers jurisdiction upon justices of 
the peace for the recovery of a penalty for the violation of a town ordinance, the suit might be 
brought in the same manner as any civil suit before a j ustice, and the writ should be an ordinary 
summons, in the absence of some provision requiring a capias. And the suit should be con- 
ducted according to the rules governing trials in civil cases. Embanks v. Ashley, 36 111. R., 177. 

The proper action, to hring for the violation of an ordinance of an incorporated 
town, where the form of action is named, is debt, unless the charter prescribes a different form of 
action. The summons in such case may be in the form prescribed by the statute in civil cases. 
Town of Jacksonville v. Block, et a/., 36 111. R., 507. 

Where a town ordinance provides that any person who may he guilty of a 

breach of an ordinanc prohibiting tae traffic in liquors, shall "upon conviction forfeit and pay 
the sum of twenty.five dollars for each and every offense, and be imprisoned in the county jail of 
said county until the fine and costs be paid;" such provision is not making imprisonment the 
punishment, but the imprisonment is but a mode provided for collecting the fine and costs. Bollig 
ex parte, 31 111. R., 88, 

The constitutional provision which declares that no person shall he impris- 
oned for dcht, unless upon refusal to deliver up his estate, applies only to actions upon con- 
tracts, express or implied ; it does not extend to actions for torts. The People ex rel v. Cotton, 14 
111. R., 414; McKindley v. Rising, 28 111. R., 337; The People v. Greer, 43 111. R., 213. 

The mode of proceeding in prosecutions for violation of ordinances will be found 
fully laid down in Haines' Treatise, new ed., in that portion of the work devoted to the juris- 
diction of police magistrates, which should be consulted in bringing suits in such cases. 

(2) In a prosecution before a police magistrate, objections to a complaint, upon 
tvhich a defendant is arrested for the breach of an ordinance, must be made before the police 
magistrate, and no objection can be taken on appeal in the circuit court. Byars v. City of ML 
Vernon, 11 111. R., 467. 

(3) The law concerning the authority and dnty of constables and other officers 
in making arrests, will be found fully set forth in Haines' Treatise, new edition. 



ART. VI.] OFFICERS — THEIR POWERS AND DUTIES. 69 

clays in each year, but such ordinance shall provide for commuta- 
tion of such labor at not more than one dollar and fifty cents per 
day. [As amended by act approved April 10, 1875. See § 44, 
215, 216. 

AETICLE YI. 

OFFICERS- -THEIR POWERS AND DUTIES. 

72. Officers enumerated. 

73. Other officers — duties of city marshal. 

74. Appointment — vacancies — duties — powers. 

75. Oath — bond. 

76. Commission — certificate — delivery to successor. 

77. Qualifications of officers. 

78. Officers not to be interested in contracts, etc. 

79. Bribery — penalty. 

80. Mayor, etc., not to hold other office. 

81. Duties of clerk. 

82. Record of ordinances. 

83. Conservators of the peace — powers. 

84. Compensation of mayor. 

85. Compensation of aldermen, etc. 

86. Compensation of other officers. 

87. Administering oaths. 

72. Officers.] § 1. There shall be elected, in all cities organ- 
ized under this act, the following officers, viz : a mayor, a city 
council, a city clerk, city attorney, and a city treasurer. (1) 

(1) The law provides for the election of members of the comity hoard, styled 

assistant supervisors, in cities where township organization exists in the following section of the 
township organization act, Art. VII : 

" Election of officers. § 1. At the annual town meeting in each town there shall be 
elected by ballot, one supervisor, (who shall be ex officio overseer of the poor.) one town clerk, one 
assessor and one collector, who shall severally hold their offices for one year, and until their suc- 
cessors are elected and qualified, and such justices of the peace, constables and highway commis- 
sioners as are provided by law . Provided, that in any town or any city not included within the 
limits ot any town (except in Cook county) having four thousand inhabitants, there shall be 
elected one additional supervisor, to be styled assistant supervisor; in townshavingsixthousand 
five hundred inhabitants, there shall be elected two assistant supervisors, and so, for every addi- 
tional twenty-five hundred inhabitants there shall be elected one additional supervisor— the pop- 
ulation of towns to be ascertained by the last federal or state census preceeding the election. 
Provided, that nothing in this act shall be so construed as to diminish the representation that any 
city or town may now be entitled to by law. But in case such city or town is now entitled to a 
greater representation than is given by this section, it shall be entitled to no additional represen- 
tation under this section; and the members of the board of supervisors from such city or town 
now provided for by law shall continue to be elected as now required by law; Aiuf. provided, 
further, that whenever the representation of any city or town is or shall become less than is given 
by this section, no increased representation under any special acts shall be had by such city or 
town, but its representation shall be as provided for in this section." 

The constitution prohibits the passage of local or special laws, providing for 
the election of members of the board of supervisors in incorporated towns and cities. Art IV, 
I 22. 

Concerning city officers in counties under township organization, the law has 
made the following provisions. See act approved May 23, 1877, Haines' Township Organiza- 
tion Laws, Div. I. 



70 CITIES AND VILLAGES — INCORPOKATTON ACT. [DIY. I. 



73. Other officers— Duties of city marshal.] § 2. The city 
council may, in its discretion, from time to time, by ordinance 
passed by a vote of two-thirds of all the aldermen elected, provide 

"Territory of city organized as town.] g 1. That the County Board, in any County 
under township organization, may provide that the territory embraced within any city in such 
county shall be organized as a town ; Provided, such territory shall have a population of not less 
than three thousand, And Provided, the City Council in such city shall by resolution request 
such action by the County Board. 

"Town in city.] §2. The territory of any city now organized, within the limits of any 
county under township organization, and not situated within any town, shall be deemed to be a 
town. 

" Election of officers.] g 3. All town officers within any town organized as aforesaid shall 
be elected at the annual charter election of such city. All general elections held in such city and 
town shall be held at the same voting places as the city elections, with judges and clerks ap- 
pointed in like manner as for the city elections. 

" Powers exercised by council.] §4. The powers vested in such town shall be exer- 
cised by the city council. 

"What city council may provide.] §5. The city council in such city and town may 
by ordinance provide that the offices of city and town clerk shall be united in the same person ; 
that the election of highway commissioners shall be discontinued; that the offices of supervisor 
and poormaster shall be separated and the poormaster appointed by the city council. 

"May regulate the mimber of justices.] §6. The city council in such city and town 
may from time to time regulate the number of justices of the peace, police magistrates and con- 
stables to be elected within such city and town ; but the number elected to either of such offices 
shall not exceed the number allowed by law to other towns of like population. 

" Vacancies.] # 7. Vacancies in any of the town offices within such city and town may be 
filled by the city council." 

The law also provides that in incorporated towns, or incorporated villages, whose 
limits are co-extensive with the limits of a town: or in any organized town where the number of 
voters at the last preceding general election exceeded three hundred, the county board may re- 
quire one or more additional ballot-boxes and places for the reception of votes to be provided. 
The law also prescribes the mode of conducting elections at town meetings in such cases. See 
act approved March 9, 1877, Haines' Township Organization Laws, Div. I. 

Where the members of a corporation are directed to be annually elected, the 

words are only directory, and do not take away the power incident to the corporation to elect 
afterwards when the annual day has. by some means, free from design or fraud, been passed by. 
The People v. Town of Fairbury 51 111. It. 49. 

Officers elected on the proper day, refusing to qnalify, become officers defacto, 
and their acts are valid as to third persons, and can only be inquired into directly, not c'ollat- 
eraly. Coles County v Allison, 23 111. B., 437. 

It is a general principle of the law, that the ministerial acts of an officer defacto are 
valid and effectual, when they concern the public and the rights of third persons, although it 
may appear that he has no legal or constitutional right to the office. Pritchett v. The People, 1 
Gilm., 525; The People ex rel v. Bangs, 24 111. B., 184; Mapes v. The People, 69 111. B., 523; Barlow v. 
Sta?idford, 82 111. B., 298 ; Trumbo v. The People, 75 111. B., 561. 

"Where a city under a special charter, adopts the general law for the incorpora- 
tion of cities, and becomes organized under such general law, this will determine the tenure of 
all offices under the special charter except such as are expressly saved. People v. Brown, Mayor, 
etc., 83 111. B., 95. 

"Where tinder the law it -was made the duty of the president and board of trustees 
of a town to give at least ten days' notice before the expiration of their term of office, of the time 
and place for the election of their successors in office ; it was held, if they shall neglect to give 
such notice before the expiration of their term of office, they may lawfully do so at a subsequent 
time, as they exercise the functions of their office until their successors are elected. The People 
v. Town of Fairbury, 51 111. B., 149. 

At common law, the office of alderman, or other member of a select body, is a 
franchise for life, though by prescription or charter it may be limited to a definite period. In 
this country, however, a public office is not considered as being in the nature of a grant or con- 
tract, and the officer, as against the public has no freehold or property in the office; and it is 
almost an invariable provision of law that all officers are elected or appointed for a definite and 
fixed period. Dillon on Muii Corp., £ 175, 157, 158. 

The mayor of a city has no judicial power. Bcesman v. City of Peoria, 16 111. B., 484. 

A court will take judicial notice of the civil officers in the county in which it holds 
its sittings. Thieleman v. Burg, 73 111. B., 293. 



ART. VI.] OFFICERS — THEIR POWERS AND DUTIES. 71 

for the election by the legal voters of the city, or the appointment 
by the mayor, with the approval of the city council, of a city col- 
lector, a city marshal, a city superintendent of streets, a corpora- 
tion counsel, a city comptroller, or any or either of them, and such 
other officers as may by said council be deemed necessary or ex- 
pedient. The city council may, by a like vote, by ordinance or 
resolution, to take effect at the end of the then fiscal year, discon- 
tinue any office so created, and devolve the duties thereof on any 
other city officer ; and no officer, filling any such office so discon- 
tinued, shall have any claim against the city on account of his 
salary, after such discontinuance. The city marshal shall perform 
such duties as shall be prescribed by the city council for the pre- 
servation of the public peace, and the observance and enforcement 
of the ordinances and laws ; he shall possess the power and au- 
thoritv of a constable at common law, and under the statutes of 
this state. (1) 

71. Appointment— Vacancies — Duties— Powers.] § 3. All offi- 
cers of any city, except where herein otherwise provided, shall be 
appointed by the mayor (and vacancies in all offices except the 
mayor and aldermen shall be filled by like appointment) by and 
with the advice and consent of the city council. The city council 
may, by ordinance not inconsistent with the provisions of this act, 
prescribe the duties and define the powers of all such officers to- 
gether with the term of any such office : Provided, the term shall 
not exceed two years.(2) See § 15-18, 32. 

75. Oath — Bond.] § 4. All officers of any city or village, 
whether elected or appointed, shall, before entering upon the 



(1) At common law the general duty of all constables, both high and petty, ac- 
cording to Blackstone, is to keep the king's peace in their several districts, and to that purpose 
they are armed with very large powers of arresting and imprisoning, of breaking open houses and 
the like. 1 Bl. Com., 356. As to the power and authority of constables under the statutes of this 
state, see Haines' Treatise, new ed., part IV. 

The general duties of constables, under the statutes of this state, is to serve or execute all 
process issued by justices of the peace. 

Wliere a city, after tlie election, of a marshal, adopted the general law, and organ- 
ized under it, and created the office of superintendent of police, and required him to perform 
the duties of marshal, and filled the latter office by appointment, it was held, that the party 
elected marshal had no further right to the office. The People v. Brown, Mayor, etc.. 83 111. R., 95. 

If an officer of a ciJy is unlawfully removed from his office by the city authorities, 
he has a complete remedy at law, for any fees and emoluments pertaining to the office of which 
he is deprived. Ddhanty v. Warner, 75 111. R. 185. 

(2) A city council authorized to elect certain officers may. when no mode of elec- 
tion is prescribed, appoint them by resolution, and is not bound to elect them by ballot; and the 
corporation has full control, unless specially restricted, over all offices and officers existing only 
under by-laws. Dillon on Mun. Corp., £ 151. 

Unless authorized hy statute, an officer can perform no official act outside of and be- 
vond the territorial limits in which he is authorized and required to act. VanDusen v. The Peo- 
ple, 78 111. R., 645. 



72 CITIES AND VILLAGES — INCORPORATION ACT. [DIY. I. 

duties of their respective offices, take and subscribe the following 
oath or affirmation : 

I do solemnly swear (or affirm, as the case may be.) that I will support the constitution of the 
United States, and the constitution of the State of Illinois, and that I will faithfully discharge 
the duties of the office of according to the best of my ability. 

"Which oath or affirmation, so subscribed, shall be filed in the office 
of the clerk. And all such officers, except aldermen and trustees, 
shall, before entering upon the duties of their respective offices, 
execute a bond with security, to be approved by the city council 
or board of trustees, pa}- able to the city or village, in such penal 
sum as may, by resolution or ordinance, be directed, conditioned 
for the faithful performance of the duties of the office and the 
payment of all moneys received by such officer, according to law 
and the ordinances of such city or village : Provided, lioicever, that 
in no case shall the mayor's bond be fixed at a less sum than three 
thousand dollars ($3,000) ; nor shall the treasurer's bond be fixed 
at a less sum than the amount of the estimated tax and special 
assessments for the current year — which bonds shall be filed with 
the clerk (except the bond of the clerk, which shall be filed with 
the treasurer). (1) 

76. Commission — Certificate — Delivery to successors,,] § 5.' 
All officers elected or appointed under this act (except the clerk, 
aldermen and mayor, and trustees,) shall be commissioned by 
warrant, under the corporate seal, signed by the clerk and the 
mayor or presiding officer of the city council or board of trustees. 
The mayor or president of the board of trustees shall issue a cer- 
tificate of appointment or election, under the seal of the corpora- 
tion, to the clerk thereof, and any person having been an officer of 
the city or village, shall, within five days after notification and 
request, deliver to his successor in office all property, books and 
effects of every description in his possession, belonging to the city 
or village, or appertaining to his said office ; and upon his refusal to 
do so, shall be liable for all the damages caused thereby, and to 
such penalty as may by ordinance be prescribed. (2) 

77. Qualification of officers.] § 6. No person shall be eligible 

(1) For form of bond, resolution and ordinance under the above section see Div. II, pod. 

The principal is well settled, that official bonds are valid if the condition com- 
plies substantially with the requirements of the statute. The exact form prescribed is not 
essential, unless made so by the charter or act. And when bonds are required by law they are 
good as common law obligations, though they do not conform to the statute, if they contain no 
condition contrary to law. Dillon on Mun. Corp., g 155. 

. (2) For form of warrant certificate and notice under the above section see Div. II, post. 

The same presumptions which are applicable to individuals are, in general, ap- 
plicable to acts of corporations. Thus, if a person acts notoriously as the officer of a corporation, 
and is recognized by it as such officer, a regular appoinment will be presumed, and his acts will 
bind the corporation, although no written proof is or can be adduced of his appointment. Dil- 
lon on Mun. Corp., § 152. 



AET. VI.] OFFICEES THEIR POWERS AND DUTIES. 73 

to any office who is not a qualified elector of the city or village, 
and who shall not have resided therein at least one year next pre- 
ceding his election or appointment, nor shall any person be eligi- 
ble to any office who is a defaulter to the corporation. [See Rev. 
Stat., " Officers," ch. 102, § 2, 4. 

78. Not interested in contracts, etc.] § 7. No officer shall be 
directly or indirectly interested in any contract, work or business 
of the city, or the sale of any article, the expense, price or con- 
consideration of which is paid from the treasury, or by any assess- 
ment levied by any act or ordinance ; nor in the purchase of any 
real estate or other property belonging to the corporation, or 
which shall be sold for taxes or assessments, or by virtue of legal 
process at the suit of said corporation. [Ses Rev. Stat., " Offi- 
cers," ch. 102, § 3, 4.(1) 

79. Bribery — Penalty.] § 8. Every person who shall promise, 
offer or give, or cause, or aid, or abet in causing to be promised, 
offered or given, or furnish or agree to furnish, in whole or in part, 
to be promised, offered or given to any member of the city council 
or board of trustees, or any officer of the corporation, after or 
before his election or appointment as such officer, any moneys, 
goods,, right in action, or other property or anything of value, or 
any pecuniary advantage, present or prospective, with intent to 
influence his vote, opinion, judgment or action on any question, 

(1) Tlxe statute lias provided, concerning tlie liaMliiy and duty of aldermen 

of cities and trustees of villages, and other officers, chapter 102 Revised Statutes, as follows: 

Rev. Stat., 727. " Aldermen of cities— trustees of villages.] g 2. That it shall he and 
is hereby declared unlawful for any alderman of any city, or member of the board of trustees 
of any village of this state, during the term of. office for which he is elected, to accept or be ap- 
pointed to or hold any cffk'e. by the appointment of the mayor or president of the board of trus- 
tees thereof; and any and all such election or appointment shall be absolutely null and void. 

" Wot to Ibe interested in contracts — not to act as attorney to procure — Drilbery.] 
g 3. It shall not be lawful for any person, now or hereafter holding any office, either by election 
or appointment, under the constitution of this state, to become in any manner interested, either 
directly or indirectly, in his own name or in the name of any other person or corporation, in any 
contract, or the performance of any work in the making or letting of which such officer may be 
called upon to act or vote. And it shall not be lawful for any such officer to represent, either as 
agent or otherwise, any person, company or corporation, in respect of any application or bid for 
any contract or work in regard to which such officer may be called upon to vote. Nor shall any 
such officer take or receive, or offer to take or receive, either directly or indirectly, any money or 
other thing of value, as a gift or bribe, or a means of influencing his vote or action in his official 
character ; and any and all contracts made and procured in violation hereof, shall be null and 
void. 

" Penalty.] g 4. Any alderman, member of a board of trustees, supervisor or county com- 
missioner, or person now or hereafter holding any office, either by election or appointment under 
the constitution of this state, or any law now or hereafter in force in this state, who shall violate 
any of the provisions of the preceding sections, shall be deemed guilty of a misdemeanor, and 
on conviction thereof may be punished by confinement in the penitentiary for a term not less 
than one year nor more than five years, or fined in a sum not less than $200 nor more than §1,000, 
or both, in the discretion of the court before which such conviction shall be had ; and in addi- 
tion thereto, any office or official position held by any person or persons so convicted shall, by the 
fact of such conviction, become vacant, and shall be so declared as part of the judgment of 
court; and the person or persons so convicted shall be disqualified from holding any office or 
position of trust and confidence in this state for the period of two years from and after the date 
of such conviction." 



74 CITIES AND TILLAGES — INCORPORATION ACT. [DIY. I. 



matter, cause or proceeding which may be then pending, or may 
by law be brought before him in his official capacity, shall, upon 
conviction, be imprisoned in the penitentiary for a term not ex- 
ceeding two years, or shall be fined not exceeding $5,000, or both, 
in the discretion of the court. Every officer who shall accept any 
such gift or promise, or undertaking to make the same under any 
agreement or understanding that his vote, opinion, judgment or 
action shall be influenced thereby, or shall be given in any ques- 
tion, matter, cause or proceeding then pending, or which may by 
law be brought before him in his official capacity, shall, upon con- 
viction, be disqualified from holding any public office, trust or 
appointment under the city or village, and shall forfeit his office, 
and shall be punished by imprisonment in the penitentiary not 
exceeding two years, or by a fine not exceeding $5,000, or both, 
in the discretion of the court. Every person offending against 
either of the provisions of this section, shall be a competent wit- 
ness against any other person offending in the same transaction, 
and may be compelled to appear and give evidence before any 
grand jury or in any court in the same manner as other persons ; 
but the testimony so given shall not be used in any prosecutior 
or proceeding, civil or criminal, against the person so testifying. (1) 
[See Kev. Stat., " Crini. Code," ch. 38, § 31, 35. 

80. Mayor, etc., not to hold other office.] § 9. JSTo mayor, 
alderman, city clerk, or treasurer, shall hold any other office under 
the city government during his term of office. [See Kev. Stat., 
< ; Officers," ch. 102, § 2, 4. 

81. Duties of clerk.] § 10. The clerk shall keep the corporate 
seal, to be provided under the direction of the city council or 
board of trustees, and all papers belonging to the city or village ; 
he shall attend all meetings of the city council or board of trus- 
tees, and keep a full record of its proceedings in the journal; and 
copies of all papers duly filed in his office, and transcripts from 
the journals and other records and files of his office, certified by 
him under the corporate seal, shall be evidence in all courts in like 
manner as if the originals were produced. 

82. Record of ordinance.] § 11. The clerk shall record, in a 
book to be kept for that purpose, all ordinances passed by the city 
council or board of trustees, and at the foot of the record of each 
ordinance so recorded shall make a memorandum of the date of 
the passage and of the publication or posting of such ordinance, 

(1) At common law, Tbribery is a grave offense agains''. public justice ; and an 
attempt or ofler to bribe is likewise criminal, and is indictable. Walsh v. The People, Co 111. 
R„ 58. 



AST. VI. 1 OFFICERS — THEIR POWERS AND DUTIES. 75 



which record and memorandum, or a certified copy thereof, shall 
be prima facie evidence of the passage and legal publication or 
posting of such ordinances for all purposes whatsoever. (1) 

83. Conservators of the peace— Powers.] § 12. The trustees 
in villages, the mayor, aldermen, and the marshal and his depu- 
ties, policemen and watchmen, in cities, if any such be appointed, 
shall be conservators of the peace ; and all officers created con- 
servators of the peace by this act, or authorized by any ordinance, 
shall have power to arrest, or cause to be arrested, with or with- 
out process, all persons who shall break the peace, or be found 
violating any ordinance of the city or village, or any criminal law 
of the state, commit for examination, and if necessary, detain such 
persons in custody over night or Sunday in the watch house, or any 
other safe place, or until they can be brought before the proper 
magistrate, and shall have and exercise such other powers, as con- 
servators of the peace, as the city council or board of trustees may 
prescribe. (2) [See § 21. 

(1) For form of certificate by clerk, see Div. II, post. 

(2) Police officers are not known to the common law ; they are created by statute, and 
such, an officer has, and can exercise, only such power as he is authorized to do by the legislature, 
expressly or derivatively. Where police officers are, by statute, invested with all the powers of 
constables, as conservators of the peace, this gives them authority to arrest on view, intoxicated 
persons while guilty of disorderly conduct, or other persons violating the laws, and to detain 
them until they can be brought before a magistrate. Dillon on Mun. Corp., g 149. 

If a public officer "be resisted, and killed by a person whom he is attempting to 
illegally arrest, without color of authority of law, the killing will be manslaughter only, unless 
the evidence shows previous or express malice. Where a justice of the peace signs a number of 
blank warrants, and in his absence a police sergeant fills out one of them and inserts the name 
of a person as a defendant, such warrant is void, and will not afford even color of justification 
for the arrest of such person. JRafferty v. The People, 72 111. R., 37. 

It is the duty of a police officer, if he knows a felony has been committed in his juris- 
diction, and there is good reason to suspect a particular person as a guilty party, to arrest him and 
take him before a magistrate for examination. But there must be a strong conviction from the 
circumstances that the party arrested was the felon. Marsh et al v. Smith, 49 111. R., 396. 

An arrest without warrant may toe made toy a city marshal, where the power 
is given to a city by charter, of any person violating an ordinance in his view. And this in con- 
formity to the general law in relation to the police of the state. Bryan v. Bates, 15 111. R., 87 ; 
Main v. McCarty, Id., 441. 

Where authority to arrest o:i ^iew is not repugnant to the general lav/ of the state, 
the proper officers of a municipal corporation may authorize an arrest, without warrant or upon 
view, offenders who violate ordinances in the presence of such officers. Bryan v. Bates, 15 111. R., 
87 ; Main v. McCarty, 15 111. R„ 412; Dillon on Mun. Corp., note to g 149. 

Where an officer, who is present at the commission of an offense, is not able 
to make an arrest, and calls in other officers, or the posse, or on hue and cry ; those who aid have 
a justification as broad as his own. Main v. McCarty, 15 111. R., 441. 

An arrest for a breach of the peace need not be made immediately, and may 
be made after peace is restored and the affray over, or upon the information of an officer who 
was present witnessing it, after the affray was over. Main v. McCarty, 15 111. R., 441. 

Where an officer arrested a party who was found, after night, intoxicated, and 
in a suspicious circumstance as to a trunk, of the value of $25, the fact, whether they were 
officers legally appointed, could not be tried in this action. Marsh el al. v. Smith, 49 111. R., 396. 

Where an officer justifies the commission of an act complained of, which pur- 
ported to be done in his official capacity, that it is necessary that he should show in his defense, 
not only that he was acting as officer, duly commissioned and qualified to act as such ; while as 
to all others, it is sufficient for them to show that he was acting as such officer. Schlcnc'kcr v. 
liislcy, 3 Scam. R., 483; Cast' v. Rail, 21 111. R., 632. 



78 CITIES AND VILLAGES — INCORPORATION ACT. [DIY. I. 

84. Compensation of mayor.] § 13. The mayor of any city 
shall receive such compensation as the city council may by ordi- 
nance direct, but his compensation shall not be changed during 
his term of office. [See § 237. 

85. Compensation of aldermen and trustees.] § 14 The alder- 
men and trustees may receive such compensation for their services 
as shall be fixed by ordinance : Provided, however, such compensa- 
tion shall not exceed $3 to each alderman or trustee for each 
meeting of the city council, or board of trustees, actually attended 
by him, and no other compensation than for attendance upon such 
meetings shall be allowed to any alderman or trustee for any serv- 
ices whatsoever. Such compensation shall not be changed, after 
it has been once established, so as to take effect as to any alder- 
man or trustee voting for such change, during his term of office. 
[See § 237. 

86. Compensation of otlier officers.] § 15. All other officers 
may receive a salary, fees or other compensation to be fixed by or- 
dinance, and after the same has been once fixed, such fees or com- 
pensation shall not be increased or diminished, to take effect 
during the term for which any such officer was elected or appointed ; 
and every such officer shall make and return to the mayor, or 
president of the board of trustees, a semi-annual report, verified 
by affidavit of all such fees and emoluments received by him.(l) 
[See Rev. Stat., "Fees and Salaries," ch. 53, § 38. 

87. Administering oath.] § 16. The mayor of any city, and 
the clerk of any city or village, shall have power to administer 
oaths and affirmations upon all lawful occasions, 

Police officers, appointed, "by a city, are not its agents or servants, so as to render 
it responsible for their unlawful or negligent acts in the discharge of their duties ; and accord- 
ingly a city is not liable for an assault and battery committed by its police officers, though done 
in an attempt to enforce an ordinance of the city, nor for an arrest made by them, which is illegal 
for want of a warrant. Dillon on Mun. Corp., '{713. 

The criminal code of the state is made applicable to cities and villages under this act, concern- 
ing offenses committed therein. The criminal code in lull, and mode of proceeding where offenses 
have been committed, will be found set forth in Haines' Treatise, new edition. 

(1) A person accepting a pntolic oiiice with a iixed sr.lary is bound to perform the 
duties of the office for the salary. He cannot legally claim additional compensation for the dis- 
charge of those duties, even though subsequently imposed by statute or ordinance, and the 
salary may be inadequate. City of Decatur v. Vermilion, 77 111. E., 315. 

A promise to pay an officer an extra fee or sum- beyond that fixed by law is not binding, though 
he renders services and exercises a degree of diligence greater than could legally have been 
required of him. City of Decatur v. Vermilion, 77 111. K.., 315. 

Concerning the compensation of collectors in cities and incorporated towns, the 
statute concerning fees and salaries has made the following provision : 

Rev. Stat., 517. "§38. Collectors in cities or incorporated towns, in counties of the 
first and second classes, shall receive such fees as may be prescribed by the common council or 
board of trustees of their respective cities or incorporated towns, not exceeding in any case two 
per cent, of the amount collected by them." 

Counties of the first and second class includes all counties in the state except Cook county. 



AKT. VII.] OF FINANCE. 77 

ARTICLE VII. 

OF FINANCE. 

88. Fiscal year. 

89. Annual appropriation ordinance. 

90. Limitation — emergency — borrowing money. 

91. Contracting liabilities limited. 

92. Duties of treasurer. 

93. Funds kept separate. 

94. Receipts. 

95. Monthly statements— warrants— vouchers— register. 

96. Deposit of funds — separate from his own. 

97. Treasurer's annual report — publication. 

98. Warrants. 

99. Special assessment fund kept separate. 

« 

CITY COLLECTOR 

100. His duties. 

101. He shall report, etc.— publication. 

102. Not to detain money — penalty. 

102. Examination of books— paying over. 

CITY COMPTROLLER. 

104. His powers and duties. 

105. Council may define duties — transfer of clerk's financial duties. 
106*. Record of bonds issued by city. 

GENERAL PROVISIONS. 

107. Further duties may be required of officers. 

108. Appeal to finance committee. 

109. Who may appoint subordinates— liability. 

110. Foreign insurance companies — license, etc., penalties. 

88. Fiscal year.] § 1. The fiscal year of each city or village 
organized under this act shall commence at the date established 
by law for the annual election of municipal officers therein, or at 
such other times as may be fixed by ordinance. 

89. Annual appropriation ordinance.] § 2. The city council 
of cities, and board of trustees in villages, shall, within the first 
quarter of each fiscal year, pass an ordinance, to be termed the 
annual appropriation bill, in which such corporate authorities may 
appropriate such sum or sums of money as may be deemed necessary 
to defray all necessary expenses and liabilities of such corporation ; 



78 CITIES AND VILLAGES — INCORPORATION ACT. [Dry. I . 

and in such ordinance shall specify the objects and purposes for 
which such appropriations are made, and the amount appropriated 
for each object or purpose. No further appropriations shall be 
made at any other time within such fiscal year, unless the proposi- 
tion to make each appropriation has been first sanctioned by a 
majority of the legal voters of such city or village, either by a 
petition signed by them, or at a general or special election duly 
called therefor. [See § 245, 253. 

90. Limitation — Emergency — Borrowing money.] §3. Neither 
the city council nor the board of trustees, nor any department or 
officer of the corporation, shall add to the corporation expendi- 
tures in any one year anything over and above the amount pro- 
vided for in the annual appropriation bill of that year, except as 
is herein otherwise specially provided ; and no expenditure for an 
improvement to be paid for out of the general fund of the corpor- 
ation shall exceed, in any one year, the amount provided for such 
improvement in the annual appropriation bill: Provided, however, 
that nothing herein contained shall prevent the city council or 
board of trustees from ordering, by a two-thirds vote, any im- 
provement, the necessity of which is caused by any casualty or 
accident happening after such annual appropriation is made. The 
city council or board of trustees may, by a like vote, order the 
mayor or president of the board of trustees and finance committee 
to borrow a sufficient amount to provide for the expense necessary 
to be incurred in making any improvements, the necessity of which 
has arisen as is last above mentioned, for a space of time not ex- 
ceeding the close of the next fiscal year — which sum, and the 
interest, shall be added to the amount authorized to be raised in 
the next general tax levy, and embraced therein. Should any judg- 
ment be obtained against the corporation, the mayor, or president 
of the board of trustees and finance committee, under the sanction 
of the city council or board of trustees, may borrow a sufficient 
amount to pay the same, for a space of time not exceeding the 
close of the next fiscal year — which sum and interest shall, in like 
manner, be added to the amount authorized to be raised in the 
general tax levy of the next year, and embraced therein. (1) [See 
§245. 



(1) Maniiamns will lie to compel a municipal corporation to pay a judgment 

rendered against it, there being no other adequate remedy, as an execution cannot be levied 
upon the property of .such corporation. City of Ohiey v. Harvey et al., 50 111. R., 453; Chicago v. 
Hastey, 25 111. R., 595; McBam v. The People, Id., 503; The Board, etc., v. Aspinuall, 24 How. U. S. 
R., 876; Supervisors v. U. &. 4 Wal. IJ. S. R., 455; Von Hoffman \.Quinctj,A Wal. U. S. R., 535; 
Galena v. Amy, 5 Id., 007 ; Riggs v. Johnson County, 6 Id., 166; Wakely v. Muscatine, 6 Id., 481. 

But a judgment must first be obtained before a mandamus will issue. Elrod v. Town of Berna- 
dotte, 53 111. R., 369; The People ex, rel. v. Clark Co., 50 111. R. : 213. 



AUT. Til. 



OF FINANCE. 79 



91. Contracting liabilities limited] § 4. No contract shall 
be hereafter made by the city council or board of trustees, or any 
committee or member thereof ; and no expense shall be incurred 
by any of the officers or departments of the corporation, whether 
the object of the expenditure shall have been ordered by the city 
council or board of trustees or not, unless an appropriation shall 
have been previously made concerning such expense, except as 
herein otherwise expressly provided. [See Eev. Stat., Crim. Code, 
ch. 38, § 208. 

92. Duties of treasurer.] § 5. The treasurer shall receive all 
moneys belonging to the corporation, and shall keep his books 
and accounts in such manner as may be prescribed by ordinance, 
and such books and accounts shall always be subject to the in- 
spection of any member of the city council or board of trustees. 

93. Separate accounts.] § 6. He shall keep a separate account 
of each fund or appropriation, and the debts and credits belonging 
thereto. 

94. ReceiptSo] § 7. He shall give every person paying money 
into the treasury a receipt therefor, specifying the date of pay- 
ment, and upon what account paid ; and he shall also file copies 
of such receipts with the clerk, at the date of his monthly reports. 

95. Monthly statements — Warrants — Vouchers— Register,,] §8. 
The treasurer shall, at the end of each and every month, and often- 
er if required, render an account to the city council or board of 
trustees, or such officer as may be designated by ordinance, (under 
oath,) showing the state of the treasury at the elate of such ac- 
count, and the balance of money in the treasury. He shall also 
accompany such accounts with a statement of all moneys received 
into the treasury, and on what account, together with all warrants 
redeemed and paid by him ; which said warrants, with any and 
all vouchers held by him, shall be delivered to the clerk, and filed 
with his said account in the clerk's office, upon every day of such 
settlement. He shall return all warrants paid by him stamped or 
marked "paid." He shall keep a register of all warrants redeemed 
and paid, which shall describe such warrants, and show the date, 

A mandamus will not lie to compel a city to levy and collect a tax beyond the lim- 
its assigned in its charter for the purpose of paying a judgment recovered against it. yet a city 
will be compelled to use such available means as are at its disposal under the taxing power. The 
People e.e rel. v. City of Cairo, 50 111. R., 154. 

An execution cannot toe issued against a municipal corporation, on a, judgment 
for debt or damage recovered against it. City of Chicago v. Hadey, 25 111. R., 595 ; City of Olney v. 
Harvey, 50 111. R., 453. 

A municipal corporation is not liable to garnishment, no matter what may be 
the character of its indebtedness. Merwin v. City of Chicago, 45 111. R., 133. 

Private property is not liable for the dents of a municipal corporation. On 
this subject the constitution declares : 

" Private property shall not be liable to be taken or sold for the payment of the corporate debts 
of a municipal corporation." Const. 1870, Art. IX, 1 10. 



80 CITIES AND TILLAGES — INCORPORATION ACT. [DIV. I. 

amount, number, the fund from which paid, the name of the per- 
son to whom and when paid. 

90. Deposit of funds— Separate from Ms.] § 9. The treasur- 
er may be required to keep all moneys in his hands, belonging to 
the corporation, in such place or places of deposit as may be desig- 
nated by ordinance : Provided, hoicever, no such ordinance shall 
be passed by which the custody of such money shall be taken from 
the treasurer and deposited elsewhere than in some regularly or- 
ganized bank, nor without a bond to be taken from such bank, in 
such penal sum and with such security as the city council or board 
of trustees shall direct and approve, sufficient to save the corpora- 
tion from any loss ; but such penal sum shall not be less than the 
estimated receipts for the current year from taxes and special as- 
sessments levied, or to be levied, by the corporation. The treas- 
urer shall keep all moneys belonging to the corporation in his 
hands separate and distinct from his own moneys, and he is here- 
by expressly prohibited from using, either directly or indirectly, 
the corporation money or warrants in his custody and keeping, for 
his own use and benefit, or that of any other person or persons 
whomsoever ; and any violation of this provision shall subject him 
to immediate removal from office by the city council or board of 
trustees, who are hereby authorized to declare said office vacant ; 
and in which case his successor shall be appointed, who shall hold 
his office for the remainder of the term unexpired of such officer 
so removed. [See Eev. Stat., "Crim. Code," ch. 38, § 80, 81. 

97. Treasurer's annual report — Publication.] §10 The treas- 
urer shall report to the city council or board of trustees, as often 
as required, a full and detailed account of all receipts and expendi- 
tures of the corporation, as shown by his books, up to the time of 
said report ; and he shall, annually, between the first and tenth of 
April, make out and file with the clerk a full and detailed account 
of all such receipts and expenditures, and of all his transactions, 
as such treasurer, during the preceding fiscal year, and shall show 
in such account the state of the treasury at the close of the fiscal 
year ; which account the clerk shall immediately cause to be pub- 
lished in a newspaper printed in such city, if there be one, and if 
not, then by posting the same in a public place in the clerk's 
office. 

98. Warrants.] § 11. All warrants drawn upon the treasurer 
must be signed by the mayor and countersigned by the clerk, 
stating the particular fund or appropriation to which the same is 
chargeable, and the person to whom payable ; and no money shall 
be otherwise paid than upon such warrants so drawn, except as 
hereinafter provided. 



AET. VIL 1 OF FINANCE — CITY COLLECTOPv. 81 



99. Special assessment funds kept separate.] § 12. All mon- 
eys received on any special assessment shall be held by the treas- 
urer as a special fund, to be applied to the payment of the improve- 
ment for which the assessment was made, and said money shall 
be used for no other purpose whatever, unless to reimburse such 
corporation for money expended for such improvement. 

CITY COLLECTOE. 

100. His duties.] § 13. It shall be the duty of the collector, 
when one is appointed, to preserve all warrants which are returned 
into his hands, and he shall keep such books and his accounts in 
such manner as the city council may prescribe. Such warrants, 
books, and all papers pertaining to his office, shall at all times be 
open to the inspection of and subject to the examination of the 
mayor, city clerk, any member of the council, or committee, there- 
of. He shall weekly, and oftener if required by the council, pay 
over to the treasurer all monej^s collected by him from any source 
whatever, taking such treasurer's receipt therefor, which receipt 
he shall immediately file with the city clerk ; but the city clerk 
shall, at the time, or on demand, give such tax collector a copy of 
any such receipt so filed. (1) 

101. He shall report, etc. — Publication.] § 14. He shall make 
a report, in writing, to the council, or any officer designated by the 
council, of all moneys collected by him, the account whereon col- 
lected, or of any other matter in connection with his office, when 
required by the council or by any ordinance of the citj. He shall 
also, annually, between the first and tenth of April, file with the 
clerk a statement of all the moneys collected by him during the year, 
the particular warrant, special assessment or account on which 
collected, the balance of moneys uncollected on all warrants in his 
hands, and the balance remaining uncollected at the time of the 
return on all warrants which he shall have returned, during the 
preceding fiscal year, to the city clerk. The city clerk shall pub- 
lish or post the same, as hereinbefore required to be done in regard 
to the annual report of the treasurer. [See § 97. 

102. Not to detain money — Penalty,] § 15. The collector is 
hereby expressly prohibited from keeping the moneys of the city 



(1) Tlie constitution proliiMts tlie election of a defaulter as collector, and reg- 
ulates the fees and compensation of municipal officers in the following provision, of Art. IX. 

g 11. " No person who is in default, as collector or custodian of money or property belonging to 
a municipal corporation, shall be eligible to any office in or under such corporation. The fees, 
salary or compensation of no municipal officer who is elected or appointed for a definite term of" 
office, shall be increased or diminished during such term." 

6 



82 CITIES AND VILLAGES — INCORPORATION ACT. [DIY. I. 

in his hands, or in the hands of any person or corporation, to his 
use, beyond the time which may be prescribed for the payment of 
the same to the treasurer, and any violation of this provision will 
subject him to immediate removal from office. [See Rev. Stat., 
Crim. Code, ch. 38, § 80, 81. 

103. Examination of his books— Paying over.] § 16. All the 
city collectors's papers, books, warrants and vouchers may be ex- 
amined at any time by the mayor or clerk, or any member of the 
city council ; and the collector shall every two weeks, or oftener if 
•the city council so direct, pay over all money collected by him 
from any person or persons, or associations, to the treasurer, tak- 
ing his receipt therefor in duplicate, one of which receipts he shall 
at once file in the office of the clerk. 

CITY COMPTROLLER. 

104. His powers and duties.] § 17. The city comptroller (if 
there shall be any city comptroller appointed, if not, then the clerk) 
shall exercise a general supervision over all the officers of the cor- 
poration charged in any manner with the receipt, collection or dis- 
bursement of corporation revenues, and the collection and return 
of all such revenues into the treasury. He shall have the charge, 
custody and control of all deeds, leases, warrants, vouchers, books 
and papers of any kind, the custody and control of which is not 
herein given to any other officers ; and he shall, on or before the 
fifteenth day of May, in each year, and before the annual appro- 
priations to be made by the city council or the board of trustees, 
submit to the city council or board of trustees a report of his esti- 
mates, as nearly as may be, of moneys necessary to defray the ex- 
penses of the corporation during the current fiscal year. He shall, 
in said report, class the different objects and branches of expendi- 
tures, giving, as nearly as may be, the amount required for each ; 
and for the purpose of making such report, he is authorized to 
require of all officers their statement of the condition and expenses 
of their respective offices or departments, with any proposed im- 
provements and the probable expense thereof, all contracts made 
and unfinished, and the amount of any and all unexpended appro- 
priations of the preceding }^ear. He shall, in such report, show 
the aggregate income of the preceding fiscal year, from all sources, 
the amount of liabilities outstanding upon which interest is to be 
paid, the bonds and debts payable during the year, when due and 
when payable ; and in such report he shall give such other infor- 
mation to the council or board of trustees as he may deem neces- 
sary, to the end that the city council or board of trustees may fully 



ART. VII.] OF FINANCE — GENERAL PROVISIONS. 83 

understand the money exigencies and demands upon the corpora- 
tion for the current year. 

105. Council may define the duties— Transfer of clerk's finan- 
cial duties.] § 18. When there shall be appointed in any city a 
comptroller, the city council may, by ordinance or resolution, con- 
fer upon him such powers, and provide for the performance of 
such duties by him, as the city council shall deem necessary and 
proper ; and all the provisions of this act relating to the duties of 
city clerk, or the powers of city clerk in connection with the 
finances, the treasurer and collector, or the receipt and disburse- 
ment of the moneys of such city, shall be exercised and performed 
by such comptroller, if one there khall be appointed; and to that 
end and purpose, wherever in this act heretofore the word " clerk" 
is used, it shall be held to mean " comptroller ; " and wherever 
the "clerk's office is referred to, it shall be held to mean "comp- 
troller's office." 

106. Record of bonds issued by city.] § 19. The comptroller, 
when there shall be a comptroller, and if not, then the clerk, shall 
keep in his office, in a book or books kept expressly for that pur- 
pose, a correct list of all the outstanding bonds of the city show- 
ing the number and amount of each, for and to whom the said 
bonds are issued; and when any city bonds are purchased, or 
paid, or cancelled, said book or books shall show the fact ; and in 
his annual report he shall describe, particularly, the bonds sold 
during the year, and the terms of sale, with each and every item 
of expense thereof. 

GENERAL PROVISIONS. 

107. Further duties may be required.] § 20. The collector 
and treasurer, and all other officers connected with the receipt and 
expenditure of money, shall perform such other duties, and be 
subject to such other rules and regulations as the city council or 
board of trustees may, from time to time, by ordinance, provide 
and establish. 

108. Appeal to finance committee.] § 21. In the adjustment 
of the accounts of the collector or treasurer with the clerk (or 
comptroller if there shall be one), there shall be an appeal to the 
finance committee of the council or board of trustees, whose 
decision in all matters of controversy arising between said officers 
shall be binding, unless the city council or board of trustees shall 
otherwise direct and provide. 

109. Who may appoint subordinates.] § 22. The comptroller 



84: CITIES AND TILLAGES — INCOBPOBATION ACT. [DIV. L 

(if there shall be one), the clerk, treasurer and collector, shall, 
severally, appoint such various clerks and subordinates in their 
respective offices as the city coucil or board of trustees irslj 
authorize, and shall be held, severally, responsible for the fidelity 
of all persons so appointed by them. 

110. Foreign insurance companies— License, etc.— Penalties.] 
§ 23. All corporations, companies or associations not incorporated 
under the laws of this state, engaged in any city in effecting fire 
insurance, shall pay to the treasurer the sum of $2 upon the $100 
of the net receipts by their agency in such city, and at that rate 
upon the amount of all premiums which, during the half year end- 
ing on every first day of July and January, shall have been re- 
ceived for any insurance effected or agreed to be effected in the 
city or village, by or with such corporations, companies or associ- 
ations, respectively. Every person who shall act in any city or 
village as agent, or otherwise, for or on behalf of any such cor- 
poration, company or association, shall, on or before the fifteenth 
day of July and January, in each year, render to the comptroller 
(if any there be, if not, to the clerk,) a full, true and just account 
verified by his oath, of all premiums which, during the half year 
ending on every first day of July and January preceding such 
report, shall have been received by him, or any other person for 
him, in behalf of any such corporation, company or association, 
and shall specify in said account the amount received for fire in- 
surance. Such agents shall also pay over to the treasurer, at the 
time of rendering the aforesaid account, the amount of rates for 
which the company or companies represented by them are sever- 
ally chargeable by virtue hereof. If such account be not rendered 
on or before the day hereinbefore designated for that pupose, or 
if the said rates shall remain unpaid after that day, it shall be 
unlawful for any corporation, company or association so in default 
to transact any business of insurance in any such city or village, 
until the said requisitions shall have been fully complied with ; 
but this provision shall not relieve any company from the pay- 
ment of any risk that may be taken in violation hereof. Any 
person or persons violating any of the provisions of this section 
shall be subject to indictment, and upon conviction thereof, in any 
court of competent jurisdiction, shall be fined in any sum not ex- 
ceeding $1,000, or imprisoned not exceeding six months, or both, 
in the discretion of the court. Said rates may also be recovered 
of such corporation, company or association, or its agent, by action 
in the name and for the use of any such city or village, as for 
money had and received for its use : Provided, that this section 
shall only apply to such cities and villages as have an organized 



ART. VIII.] OF THE ASSESSMENT AND COLLECTION OF TAXES. 85 

fire department, or maintain some organization for the prevention 
of fires. (1) [See Rev. Stat., "Insurance." ch. 73, § 30. 

ARTICLE VIII. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 

111. Ordinance levying tax. 

112. Manner of collecting. 

113. Time of paying over. 

114. When tax levied for a particular purpose. 

115. Tax to be uniform. 

111. Ordinance levying tax.] § 1. The city council in cities, 
and board of trustees in villages, may assess and collect taxes for 
corporate purposes, in the following manner: The city council or 
board of trustees, as the case may be, shall, on or before the sec- 
ond Tuesday in September (August), in each year, ascertain the 
total amount of appropriations for all corporate purposes, legally 
made, and to be collected from the tax levy of that fiscal year, and 
by ordinance levy and assess such amount, so ascertained, upon the 
real and personal property within the city or village subject to tax- 

(1) Concerning the net receipts of insurance companies doing business in munici- 
pal corporations, the general insurance law, chapter 73, Revised Statutes, makes the following 
provision : 

Rev. Stat., 630 " Tax on net receipts.] g 30. Every agent of any insurance company incorpor- 
ated by the authority of any other state or government, shall return to the proper officer of the coun- 
ty town or municipality in which the agency is established, in the month of May, annually, the 
amount of the net receipts of such agency, which shall be entered on the tax list's of the county, 
town and municipality, and subject to the same rate of taxation for all purposes, state, county, 
town and municipal, that other personal property is subject to at the place where located, said 
tax to be in lieu of all town and municipal licenses; and all laws and parts of laws inconsistent 
herewith are hereby repealed : Provided, that the provisions of this section shall not be con- 
strued to prohibit cities having an organized fire department from levying a tax or license fee, 
not exceeding two per cent., in accordance with the provisions of their respective charters, on 
said gross receipts, to be applied exclusively to the support of the fire department of such city." 

An insurance company incorporated under the laws of* another state, coming 
into this state to do business and make profits, may be taxed, and the legislature may rightfully 
distinguish between such corporations and domestic corporations of the same character, when, 
in their judgment, the policv and interests of the state demand it. Ducat v. City of Chicago, 48 
111. R 172 Same v Same 10*Wal. U. S. R., 410. 

The legislature lias the right to provide that foreign insurance companies doing busi- 
ness in Chicago, may be burthened for the benefit of the Chicago Firemen's Benevolent Associa- 
tion, and that the revenue resulting from such burthens, need not be paid into the state treasury. 
F. B. Association v. Lousberry. 21 111. R., 511. 

The right of a corporation created in one state to do business in another, is a right 
based on comity between the states, and is a voluntary act of the sovereign power; that when 
contrarv to good policv or prejudicial to the interests of the state, ceases to be obligatory. Ducat 
v. City of Chicago, 48 111. R., 17*2. 

"Where a foreign insurance company wndertalse transact business in this 
state and fails to comply with the requirements of the law of 1855, and receives from a party in- 
sured his promisory note for stock in the company and for premium, the contract is unlawful 
under the statute and the note absolutely void in the hands of the company, and this notwith- 
standing the statute imposed a penalty upon the company for doing business in this state in vio- 
lation of its provisions. Cin. Mut. II. A. Co. v. Rosenthal, 55 111. R., 56. 



SO CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 

ation, ns the same is assessed for state and county purposes for 
the current year. A certified copy of such ordinance shall be filed 
with the coanty clerk of the proper county, whose duty it shall be 
to ascertain the rate per cent, which, upon the total valuation of 
all property subject to taxation within the city or village, as the 
same is assessed and equalized for state and county purposes, will 
produce a net amount not less than the amount so directed to be 
levied and assessed ; and it shall be the duty of the county clerk to 
extend such tax, in a separate column, upon the book or books of 
the collector or collectors of state and county taxes within such 
city or village.(l) [See §114; Eev. Stat., "Kevenue," ch. 120, 
§ 122. 



(1) Concerning taxes in municipal corporations, tlie constitution makes the fol- 
lowing provisions.. Art. IX : 

"g 3. The property of the state, counties, and other municipal corporations, both real and per- 
sonal, and such other property as may be used exclusively for agricultural and horticultural 
societies, for school, religious, cemetery and charitable purposes, maybe exempted from taxa- 
tion ; but such exemption shall be only by general law. In the assessment of real estate incum- 
bered by public easement, any depreciation occasioned by such easement may be deducted in the 
valuation of such property. 

"? 4. The general assembly shall provide, in all cases where it may be necessary to sell real 
estate for the non-payment of taxes or special assessments for state, county, municipal or other 
purposes, that a return ol such unpaid taxes or assessments shall be made to some general officer 
of the county having authority to receive state and county taxes; and there shall be no sale of 
said property for any of said taxes or assessments but by said officer, upon the order or judgment 
of some court of record. 

"g 6. The general assembly shall have no power to release or discharge any county, city, town- 
ship, town or district whatever, or the inhabitants thereof, or the property therein, from their or 
its proportionate share of taxes to be levied for state purporses, nor shall commutation for such 
taxes be authorized in any form whatsoever. 

"§10. The general assembly shall not impose taxes upon municipal corporations, or the inhab- 
itants or property thereof, for corporate purposes, but shall require that all the taxable property 
within the limits of municipal corporations shall be taxed for the payment of debts contracted 
under authority of law, such taxes to be uniform in respect to persons aud property, within the 
jurisdiction of the body imposing the same. Private property shall not be liable to be taken or 
sold for the payment of the corporate debts of a municipal corporation." 

For all other corporate purposes, other than local improvements, municipal corporations may 
be vested with authority to assess and collect taxes : but such taxes are required to be uniform 
in respect to persons and property within the jurisdiction of the body imposing the same. Const. 
1870, Art, IX, i 9. 

In giving a construction to tlie statute empowering towns and other municipal corpora- 
ations to impose taxes for " corporate purposes," the phrase, " corporate purposes" should not be 
given so narrow and rigid a construction as to render a self-imposed tax null merely because it 
might be a debatable question whether it would promote the corporate welfare or not ; Avhere such 
a tax possesses the constitutional quality of uniformity in respect to persons and property, courts 
should not interfere to annull it, except it be an exceedingly clear case that it is not for a " cor- 
porate purpose." A tax for corporate purposes may be defined to mean a tax to be expended in a 
manner which shall promote the general prosperity and welfare of the municipality which levies 
it; and if it appear that a tax has been voted and levied Avith an honest purpose to promote the 
general well-being of the municipality, and was not designed merely for the benefit of individu- 
als or of a class, its collection should not be stayed by the courts. Taylor v. Thompson, 42 111. 
R., 9. 

To provide a site for a state institution is not such a corporate purpose as Avould 
authorize the imposition of an onerous tax on a municipality to pay the expense. Livingston 
County v. Weider, 64 111. R., 427. 

A municipal corporation lias no inherent power to levy taxes. It can only levy 
such as are authorized bv law. Vance v. Little Rock, 30 Ark. R., 435 ; Matter of Second Ave. etc. 
Church, 66 N. Y. 395. 

Tlie state auditor has the rightful authority, under both the old and new constitu- 
tions, to levy and certify the taxes of a municipal coaporation to meet the interest on their bonds 



ART. Yni.] OF THE ASSESSMENT AND COLLECTION OF TAXES. 87 

112. Manner of collecting.] § 2. The tax so assessed shall be 
collected and enforced in the same manner and by the same offi- 
cers as state and county taxes, and shall be paid over by the offi- 
cers collecting the same to the treasurer of the city or village. (1) 

113. Time of paying over.] §3. It shall be the duty of the 
officer collecting such tux to settle with and pay over to such treas- 
urer, as often as once in two weeks from the time he shall com- 
mence the collection thereof, all such taxes as he shall then have 
collected, till the whole tax collected shall be paid over. [See Rev. 
Stat,, "Revenue," oh. 120, § 138, 164, 167, 243, 244. 

114. When tax levied for particular purpose.] § 4 Whenever 
any city or village is required to levy a tax for the payment of any 
particular debt, appropriation or liability of the same, the tax for 
such purpose shall be included in the total amount assessed by the 
city council or board of trustees, and certified to the county clerk 
as aforesaid ; but the city council or board of trustees shall cleter- 

which are duly registered in his office, under the act of April 1G, 1S69. While it is true that it 
rests with the citizens or corporate authorities of counties, townships, cities and towns, to deter- 
mine whether they will incur a debt or levy taxes for corporate purposes, yet the legislature is 
left free to select the agents who shall impose and collect the tax, when such indebtedness or 
taxes are voluntarily incurred. Decker v. Hughes, 68 111. R.. 33. 

The legislature lias no power to exempt a city from the payment of state taxes, and 
impose the entire burden upon the rest of the state. The People v. Barger, 02 111. R., 452; The Peo- 
ple v. Lippincott, Go 111. 11., 548. 

A charter authorizing a tax to he levied, in a particular district in the city, is 
in violation of the constitution. Primm v. City of Belleville, 59 111. It., 142. 

The legislature may confer on a city the power to commute for a tax, or to con- 
tract for its release for a consideration. Parmelee v. Chicago, GO 111. R., 267. 

The act of 1867 taxing the shares of national hanks at the place where such 
banks are located, is constitutional and valid. First Nat. Bank v. Smith, 65 111. R., 44; Baker v. 
First Nat. Bank, G7 111. R., 297. 

The power to levy taxes for general and contingent expenses, or any other ex- 
penses not herein otherwise provided for, delegated to a city is sufficiently broad to authorize the 
levy of a tax thereunder to pay ordinary debts'. Spring v. City of Olney, 78 111. R., 101. 

The act of April 15, 1873, authorizing incorporated cities to levy taxes annu- 
ally, not exceeding three per cent., applies to cities incorporated under special charters as well 
as to those incorporated under the general act, 1872. Spring v. City of Olney, 78 111. R., 101. 

The act referred to in the foregoing case, it is understood is in effect repealed. See Kurd's 
Statutes, 1S77, (Legal News ed.,) p. 245. 

Those portions of the charter of Chicago authorizing a return of unpaid 
taxes and assessments to the city collector, and an order of sale of real estate to be made by him, 
were abrogated by the constitution of 1870. The provisions of the new constitution in this regard 
went into effect immediately upon the adoption of that instrument. Plills v. City of Chicago, GO 111. 
R., 86 ; Otis v. City of Chicago, 62 111. R., 299. 

A tax is an exaction made for some general or public object. It is an exaction 
made for the purpose of carrying on the government, directly or through the medium of muni- 
cipal corporations, which are but parts of the machinery employed in conducting the operations 
of the government, and is a charge on an estate which* lessens* its value. Trustees III. <Sc Mich. 
Canal etal. v. City of Chicago, 12 111. R., 403. 

A party of whom a tax is illegally collected, has an ample remedy at law, by an 
action of trespass against the officer collecting it, or by an action of assumpist, to recover back 
the money paid. Cook County v. C. B. <$: Q. P. P. Co., 35 111. R., 460. 

(1) The charter of Chicago made a deed for land sold for non-payment of taxes. 
prima facie evidence of all the proceedings anterior to the judgment and precept. A subsequent 
law provided that such deeds should not be prima facie evidence of the regularity and legality 
of the prior proceedings. Held, not unconstitutional, it neither impairing the obligation of con- 
tracts, nor divesting rights. Pobey v. City of Clucago, 64 111. R., 447. 



88 CITIES AND TILLAGES— INCORPOEATION ACT. t DIV - 1 - 

mine, in the ordinance making such assessment, what proportion 
of such total amount shall be applicable to the payment of such 
particular debt, appropriation or liability ; and the city or village 
treasurer shall set apart such proportion of the tax collected and 
paid to him for the payment of such particular debt, appropriation 
or liability, and shall not disburse the same for any other purpose 
until such debt, appropriation or liability shall have been dis- 
charged. 

115. Uniformity.] § 5. All taxes levied or assessed by any 
city or village, except special assessments for local improvements, 
shall be uniform upon all taxable property and persons within the 
limits of the city, and no property shall be exempt therefrom 
other than such property as may be exempt from taxation under 
the constitution and general laws of the state.Cl) [See Const. 
art. 9, § 9. 

ARTICLE IX. 

SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 

116. Powers conferred. 

117. Ordinance for improvement. 

118. When property is to be taken. 

119. Petition. 

120. Form of petition. 

121. Summons — publication — notice. 

122. Hearing — jury. 

123. Jury to ascertain compensation — admitting other parties. 

124. Viewing premises — ownership, etc. 

125. Judgment — new parties — further proceedings. 

126. Powers of court. 

127. Ownership — further powers of court. 

128. Persons under disability. 

129. Judgment — effect — appeal, etc. 

130. Order for possession. 

131. When improvement made by general tax. 

132. Special taxation. 

SPECIAL ASSESSMENT. 

133. How made. 

134. Ordinance for— sidewalks— owner's right. 

135. Estimate of cost. 

(1) An ommission from taxation of any species of real or personal property in a city 
which is in terms or by implication authorized by a statute, so as to destroy the uniformity in re- 
spect to persons and property within the jurisdiction of the city is void; but a neglect of the 
assessors to list any particular property would not vitiate the assessment, but make such officers 
amenable to the law, for misconduct in office. Dunham v. City of Chicago, 55 111. R., 357. 



ART. IX.] OF THE ASSESSMENT AND COLLECTION OE TAXES. 89 



136. Order for proceedings in court. 

137. Petition to court. 

138. appointment of commissioners — oath. 

139. Duty of commissioners. 

140. Assessment roll — return of roll. 

141. Notice by mail, posting and publication. 

142. Proof of notice. 

143. Continuance when notice not in time. 

144. Objections — judgment by default. 

145. Hearing— jury. 

146. Precedence. 

147. Court may modify, etc. , the assessment. 

148. Judgment several — appeal, etc. — lien. 

149. Judgment certified to city clerk — riling— warrant. 

150. Form of warrant. 

151. Collector's notice, form of. 

152. Manner of collecting — entry of payment. 

153. Report of delinquent list to county collector — evidence — de- 

fense. 

154. Application for judgment — what laws govern. 

155. Return of sales — redemption. 

156. Penalty when lands paid are sold for tax, etc. 

157. Paying over — compensation. 

158. General revenue laws apply. 

159. City or village may buy in. 

160. When assessments set aside — new assessment. 

161. Supplemental assessments. 

162. New assessments against delinquent — lien — limitation. 

163. Contracts payable from assessments. 

164. How contracts let — approval. 

165. Lien. 

166. Collection of assessment by suit. 

167. Supplemental petition to assess benefits in condemnation 

cases. 

168. Adoption of this article. 

116. Powers conferred.] § 1. That the corporate authorities 
of cities and villages are hereby vested with power to make local 
improvements by special assessment or by special taxation, or 
both, of contiguous property, or general taxation, or otherwise, as 
they shall by ordinance prescribe.(l) [See Const., art. 9, § 9 ; 
Eev. Stat, "Plats," ch. 109, § 1-10. 



(1) Tlie constitution concerning special assessments makes the following provision, 

Art. IX: 

"g9. The general assembly may vest the corporate authorities of cities, towns and villages 
with power to make local improvements by special assessment, or by special taxation of con- 
tiguous property, or otherwise. For all other corporate purposes, all municipal corporations may 
be vested with authority to assess and collect taxes : but such taxes shall be uniform in respect to 
persons and property, within the jurisdiction of the body imposing the same " 

In tlie absence of express statniory aiiitlioirity to levy special assessments upon the 
real estate of a city, no such power can be implied, from the very nature and purpose of creating 
such corporate body, nor has a city or its officers, in the absence of express authority, power to 
tax its property for the purpose of raising revenues for the city. Therefore, when* the city of 
Chicago made a special assessment upon its own property, under which its real estate was sold, 



90 CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 

117. Ordinance for improvement.] § 2. When any such city 
or village shall, by ordinance, provide for the making of any local 

it was held, the sale was void, and conferred no title on the purchaser, or right to demand re- 
demption in double amount for which the property was sold. Taylor v. The People, 66 111. R., 
322. 

T3ie constitution gives the general assembly express authority to invest the 
corporate authorities of cities, towns and villages with power to make local improvements by 
special assessments, or by special taxation of contiguous property, or otherwise. The People v. 
Sherman, S3 111. II., 165. 

Under both the constitution and the general law local improvements may be 
made wholly or in part by special assessments, as the corporate authorities of the municipality 
may, by ordinance, prescribe. The People v. Sherman, 83 111. R., 165. 

The words " special assessment," a? used, in Sec. 9, Art. 9, of the constitution, mean 
an assessment upon property specially benefitted, without regard to whether it is contiguous or 
not, and the words " contiguous property," as used in that section, do not apply to special assess- 
ments, but apply to special taxation only. Guild v. City of Chicago, 82 111. R, 472. 

Although it would seem that See. 1, Art. 9, of the act to provide for the incorporation of cities 
and villages, in force April 10, 1872, limits the power of corporate authorities to make local im- 
provements by special assessments or by special taxation to contiguous property only, yet. taking 
the whole article together, it is broad enough to authorize the making of special* assessments 
upon property specially benefitted, without regard to its being contiguous. Guild v. Citii of Chi- 
cago, 82 111. R., 472. 

The consolidation of several separate and distinct special assessments against 
various tracts of land into one proceeding, when reported for confirmation, when each lot of 
land appears only once in the rolls, does not invalidate the proceeding so as to defeat an applica- 
tion for judgment thereon. Even if this was error it could not be reached in a collateral pro- 
ceeding. Prouty. The People, 83 111, R., 154. 

An ordinance for a coainected system of water worlts for the whole village, pro- 
vides for but one local improvement, an 1 is not invalid as embracing separate and distinct im- 
provements. The People v. Sherman, 83 111. R., 165. 

A separr.te notice of application for judgment against property" for delinquent 
special assessments from that in respect to the general taxes is not invalid. The notice may em- 
brace both, or separate notices may be given, in the discretion of the collector. The People v 
Slierman, 83 111. R.. 165. 

When parties interested appear and contest an application fox- judgment 
against their real estate for special assessment, on the merits, it matters not whether the notice 
of the application is regular, or whether there was any notice at all. The People v. Sherman, 83 
111. R., 165. 

Property can only he assessed for public improvements on the principle of ben- 
efits received by the property from the construction of the work, and the assesment should never 
exceed the benefits conferred ; and it is essential that it should appear, from the proceedings 
themselves, that such was the principle upon which the assessment was made. Crawford v. The 
People, 82 111. R„ 557. 

The general assembly, under the constitution, possesses no power to invest 
commissioners or juries selected by the county court, with authority to assess and collect taxes or 
special assessments for the construction of a levee to prevent the overflow of lands. Updike v. 
Wright, 81 111. R., 49. 

"Where a street lias been ordered to he opened or extended, commissioners for 
the assessment of damages have been appointed, have made and reported an assessment, which 
has been accepted and confirmed, a warrant issued for the collection of the amounts assessed for 
payment of such damages, and such street ordered to be opened, the parties entitled to such 
damages tor property taken, are entitled to a mandamus, to compel the city to proceed to collect 
and pay over the same. Higgins v. City of Chicago, 18 111. R., 276. 

The legislature cannot confer upon a city the power to make a valid contract 
with the owner of any interest in property which should contribute towards the expense of such 
improvements, which shall have the effect to exempt him from his portion of the burden. City 
of Chicago v. Baeret at., 41 111. R., 306. 

It was held, under the constitution of 1848, that an assessment for improvements 
made on the basis of the frontage of lots upon the street to be improved, is invalid, containing 
neither the element of equality nor uniformity, if assessed under the taxing power, and equally 
invalid if in the exercise of the right of eminent domain, no compensation being provided. 
Thatinpublic improvements which concern the whole public, thereshould be assessed to each lot 
the special benefits it will derive from the i mpro vement, charging such benefit on the lots, the resi- 
due of the costs to be paid by equal and uniform taxation. City of Chicago v. Lamed 34 111. R., 
203 ; Ottawa v. Spencer, 40 111. R., 211 ; City of Chicago v. Baer et al, 41 111. R., 305 ; Bedard v. Hall, 
44 Id.. 91; Holbrook v. Dickinson, 46 Id., 285. 



ART. IX.] OF THE ASSESSMENT AND COLLECTION OP TAXES. 91 

improvement, it shall, by the same ordinance, prescribe whether 
the same shall be made by special assessment or by special taxa- 
tion of contiguous property, or general taxation, or both. 

118. Wlien property is taken, etc.] § 3. Should said ordi- 
nance provide for improvements which require the taking or dam- 
aging of property the proceeding for making just compensation 
therefor shall be as follows : 

119. Petition. § 4. Whenever any such ordinance shall be 
passed by the legislative authority of any such city or village, for 
the making of any improvement mentioned in the first section of 
this act, or any other local improvement that such city or village 
is authorized to make, the making of which will require that pri- 
vate property be taken or damaged for public use, such city or 
village shall file a petition in some court of record of the count}?- 
in which such city is situated, in the name of the city, praying 
that "the just compensation to be made for private property to 
be taken or damaged for the improvement or purpose specified in 
such ordinance shall be ascertained by a jury." [See Const., art. 
% § 13- 

120. Form of petition.] § 5. Such petition shall contain a 
copy of the said ordinance, certified by the clerk, under the cor- 
porate seal ; a reasonably accurate description of the lots, parcels 
of land and property which will be taken or damaged, and the 
names of the owners and occupants thereof, so far as known to 
the board or officer filing the petition, and where any known 
owners are non-residents of the state, stating the fact of such non- 
residence. (1) 

121. Summons— Publication— Notice.] § G. Upon the filing of 
the petition aforesaid, a summons, which may be made returnable 
upon any day in term time, shall be issued and served upon the 
persons made parties defendant, as in cases in chancery. And in 
case any of them are unknown, or reside out of this state, the 
clerk of the court, upon an affidavit being filed showing such fact, 
shall cause publication to be made in some newspaper printed in 
his county, or, if there be no newspaper published in his county, 
then in some newspaper published in this state, containing notice 
of the pendency of such proceeding, the parties thereto, the title of 
the court, and the time and place of the return of the summons in 
the case, and the nature of said proceeding ; such publiciation to 
be made for four weeks consecutively, at least once in each week, 
the first of which shall be at least thirty days before the return 

(1) See form of petition, Div. II, post. 



92 CITIES AND VILLAGES — INCORPORATION ACT. [DIY. I. 

day of such, summons. Notice so given by publication shall be 
sufficient to authorize the court to hear and determine the suit, as 
though all parties had been sued by their proper names and had 
been personally served. (1) [As amended by act approved and in 
force March 30, 1874. 

122. Hearing — Jury.] § 7. Upon the return of said summons, 
or as soon thereafter as the business of the court will permit, 
the said court shall proceed to the hearing of such petition, and 
shall impanel a jury to ascertain the just compensation to be paid 
to all of such owners and occupants aforesaid ; but if any defendant 
or party in interest shall demand, or the court shall deem it proper, 
separate juries may be impaneled as to the compensation or 
damages to be paid to any one or more of such defendants or par- 
ties in interest. [As amended by act approved and in force March 
30, 1874. 

123. Jury to ascertain compensation — Admitting other par- 
ties.] § 8. Such jury shall also ascertain the just compensation 
to be paid to any person claiming an interest in any lot, parcel of 
land or property which may be taken or damaged by such im- 
provement, whether or not such person's name, or such lot, parcel 
of land, or other property, is mentioned or described in such peti- 
tion : Provided, such person shall first be admitted as a party 
defendant to said suit by such court, and shall file a statement of 
his interest in and description of the lot, parcel of land, or other 
property in respect to which he claims compensation. 

124. Viewing premises — Ownership, etc.] § 9. The court 
may, upon the motion of such city or village, or of any person 
claiming any such compensation, direct that said jury (under the 
charge of an officer of the court) shall view the premises which it is 
claimed by any party to said proceeding will be taken or damaged 
by said improvement, and in any case, where there is no satisfac- 
tory evidence given to the jury as to the ownership of, or as to 
the extent of the interest of any defendant in the property to be 
taken or damaged, the jury may return their verdict as to the 
compensation or damage to be paid for the property or part of 
property to be taken or damaged, and for the entire interests 
therein. [As amended by act approved and in force March 30, 
1874. 

125. Judgment — New parties — Further proceedings.] § 10. 
Upon the return of such verdict, the court shall order the same 
to be recorded, and shall enter such judgment or decree thereon 

(1) See forms, Div. II, post. 



AET. IX.] OP THE ASSESSMENT AND COLLECTION OF TAXES. 93 

as the nature of the case may require. The court shall continue 
or adjourn the cause from time to time, as to all occupants and 
owners named in such petition who shall not have been served 
with process, or brought in by publication, and shall order a new 
summons to issue* and new publication to be made ; and upon 
such occupants or owners being brought into court, shall impanel 
a jury to ascertain the compensation so to be paid to such defen- 
dant or defendants, for private property taken or damaged ; and 
like proceeding shall be had for such purpose as hereinbefore 
provided for the ascertaining of compensation to other owners. 

126. Powers of court.] § 11. The court shall have power, at 
any time, upon proof that any such owner or owners named in 
such petition, who has not been served with process, has ceased to 
be such owner or owners since the filing of such petition, to im- 
panel a jury and ascertain the just compensation to be made for 
the property (or the damage thereto) which had been owned by 
the person or persons so ceasing to own the same ; and the court 
may, upon any finding or findings of any jury or juries, or at any 
time during the course of such proceedings, enter such order, 
rule, judgment or decree as the nature of the case may require. 

127. Ownership — Further powers of court.] § ±2. No de- 
lay in making an assessment of compensation shall be occas- 
ioned by any doubt or contest which may arise as to the owner- 
ship of the property, or any part thereof, or as to the interests of 
the respective owners or claimants, but in such case the court may 
impanel a jury and ascertain the entire compensation or damage 
that should be paid for the property, or part of property, and the 
entire interests of all parties therein, and may require adverse 
claimants to interplead so as to fully determine their rights and 
interests in the compensation so ascertained. And the court may 
make such order as may be necessary in regard to the deposit or 
payment of such compensation. 

128. Persons under disability.] § 13. Yvlien it shall appear, 
from said petition or otherwise, at any time during the proceed- 
ings upon such petition, that any infant, or insane or distracted 
person, is interested in any property that is to be taken or dam- 
aged, the court shall appoint a guardian, ad litem, for such infant 
or insane or distracted person, to appear and defend for him, her 
or them ; and the court shall make such order or decree as it shall 
deem proper to protect and secure the interest of such infant, or 
insane or distracted person, in such property, or the compensation 
which shall be awarded therefor. 

120. Judgment— Effect— Appeal, etc.] § 14. Any final judg- 
ment or judgments, rendered by said court, upon any finding or 



94 CITIES AND VILLAGES — INCOEP.OEATION ACT. [dIV. I. 

findings of any jury or juries, shall be a lawful and sufficient con- 
demnation of the land or property to be taken upon the payment 
of the amount of such finding as hereinafter provided. It shall be 
final and conclusive as to the damages caused by such improve- 
ment, unless such judgment or judgments shall be appealed from ; 
but no appeal or writ of error upon the same shall delay proceed- 
ings under said ordinance, if such city or village shall deposit, as 
directed by the court, the amount of the judgment and costs, and 
shall file a bond in the court in which such judgment was rendered, 
in a sum to be fixed and with security to be approved by the judge 
of said court, which shall secure the payment of any future com- 
pensation which may at any time be finally awarded to such pari y 
so appealing or suing out such writ of error, and his or her 
costs. (1) 

130. Order for possession.] § 15. The court, upon proof that 
said just compensation so found by the jury has been paid to the per- 
son entitled thereto, or has been deposited as directed by the court 
(and bond given, in case of any appeal or writ of error), shall 
enter an order that the city or village shall have the right, at any 
time thereafter, to take possession of or damage the property, in 
respect to which such compensation shall have been so paid or 
deposited, as aforesaid. 

131. When improvement made by general tax.] § 16. When 
the ordinance under which said improvement is ordered to be 
made shall provide that such improvement shall be made by gen- 
eral taxation, the cost of such improvement shall be added to the 
general appropriation bill of such city or village, and shall be 
levied and collected with and as a part of the general taxes of such 
city or village. 

132. Special taxation] § 17. When said ordinanance under 
which said local improvement shall be ordered shall provide that 

(1) An action on the case will lie against a city for damages arising from a breach 
of duty imposed by law, such as a failure to collect an assessment levied for payment of damages 
sustained by reason of opening a street. Clayburgh v. Chicago, 25 111. R.. 535. 

A proceeding to condemn real estate for public wse may be abandoned at any 

time after damages assessed and before payment thereof, or its deposit for the owner, when property 
remains unmolested, and mandamus will not lie to compel the payment of the compensation. 
City of Chicago v. Barbian, 80 111. R., 482. 

If property in a condemnation proceeding is taken ox* damaged by the owners 
consent, before compensation is made, the owner will have a vested right in the compensation 
when ascertained. City of Chicago v. Barbian, 80 111. It., 4S2. 

When land is condemned for public nse, and the condition of the order is not com- 
plied with in a reasonable time by the payment of the damages and taking possession of the 
property, the proceedings will be regarded as abandoned. City of Chicago v. Barbian, 80, 111. 
R., 482. 

A proceeding to condemn real estate for public nse may be abandoned at any 
time after the damages are assessed, and before -payment thereof or its deposit for the owner, 
when the property has remained unmolested. City of Chicago v. Barbian. 80 111. R., 482. 



AET. IX.] OF THE ASSESSMENT AND COLLECTION OE TAXES 95 

such improvement shall be made by special taxation of contiguous 
property, the same shall be levied, assessed and collected, in the 
way provided in the sections of this act providing for the mode of 
making, levying, assessing and collecting special assessments. (1) 

SPECLAL ASSESSMENT. 

133. How made. § 18. "When the ordinance under which said 
local improvement is ordered to be made shall provide that such 
improvement shall be wholly or in part made by special assess- 
ment, the proceedings for the making such special assesment 
shall be in accordance with the sections of this act [article] from 
18 to 51, inclusive. 

134:. Ordinance for—Sidewalks — Owner's rights.] §19. When- 
ever such local improvements are to be made wholly or in part by 
special assessment, the said council in cities, or board of trustees, 
in villages, shall pass an ordinance to that effect, specifying there- 
in the nature, character, locality and description of such improve- 
ment: Provided, that whenever any such ordinance shall provide 
only for the building or renewing of any sidewalk, the owner of 
any lot or piece of land fronting on such sidewalk shall be allowed 
fifteen days after the time at which such ordinance shall take effect 
in which to build or renew such sidewalk opposite his land, and 
thereby relieve the same from assessment : Provided, that the 
work so to be done shall in all respects conform to the require- 
ments of such ordinance. 

135. Estimate of cost.] § 20. The city council or board of 
trustees shall appoint three of its members, or any other three 
competent persons, who shall make an estimate of the cost of the 
improvement contemplated by such ordinance, including labor, 
materials, and all other expenses attending the same, and the cost 
of making and levying the assessment, and shall report the same 
in writing to said council or board of trustees. 

136. Order for proceedings in court.] § 21. On such report 
being made, and approved by the.council or % board of trustees, as 
the case may be, it may order a petition to be filed by such officer 



(1) Tlie rule seems to l>e well settled, that corporations and incorporated companies, 
may be sued in that character, for damages arising from a breach by them of a duty imposed by 
law. 1 Chit. PI. 77 ; Mayor of Lynn v. Tamer, Cowp., 86. 

"Where a city lias appropriated a private property for widening or extending a 
street, ami assessed and allowed the damages, but lias neglected and wilfully refused to cause 
the assessments of benefits to some owners of adjoining property to be collected, such owners of 
land taken would have a right of action against the city for not complying with the law, the 
same being a public duty, a right to sue in assumpsit for the value of the land taken or in tres- 
pass or case for the tort. Clayburgh v. City of Chicago, -2b 111. R., 5o5. 



96 CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 

as it shall direct, in the county court of its county, for proceed- 
ings to assess the cost of such improvement in the manner pro- 
vided in this act. 

187o Petition to court] § 22. The petition shall be in the 
name of the corporation, and shall recite the ordinance for the 
proposed improvement and the report of such commission, and 
shall pray that the cost of such improvement may be assessed in 
the manner prescribed by law. 

138. Appointment of commissioners— Oath.] § 23. Upon the 
filing of such petition the court shall appoint three competent 
persons as commissioners, who shall take and subscribe an oath, 
in substance, as follows, to-wit : 

State of Illinois, \ 

County. J 

We, the undersigned, commissioners, appointed by the county court of county, to assess 

the cost of . . . (here state in general terms the improvement), do solemnly swear (or affirm, as 
the case may be ) that we will a true and impartial assessment make of the cost of said improvement 

upon the city ( or village) of , and the property benefitted by such improvement, to the 

best oi our ability, and according to law. 

139. Duty of Commissioners.] § 24. It shall be the duty of 
such commissioners to examine the locality where the improve- 
ment is proposed to be made, and the lots, blocks, tracts and par- 
cels of land that will be specially benefitted thereby, and to esti- 
mate what proportion of the total cost of such improvement will 
be of benefit to the public, and what proportion thereof will be of 
benefit to the property to be benefitted, and apportion the same 
between the city or village and such property, so that each shall 
bear its relative equitable proportion ; and having found said 
amounts, to apportion and assess the amount so found to be of 
benefit to the property upon the several lots, blocks, tracts and 
parcels of land in the propertion in which they will be severally 
benefitted by such improvement : Provided, that no lot, block, 
tract or parcels of land shall be assessed a greater amount than it 
will be actually benefitted : And, provided, further, that it shall 
not be necessary for said commissioners to examine the locality 
except where the ordinance provides for the opening, widening or 
improvement of streets and alleys. (1) [As amended by act ap- 
proved and in force March 30, ]?874. 

[§ 25 repealed by an act approved April 25, 1S73.] 

(1) The power of corporate authorities of cities and villages is limited by sec- 
tion 1, of article 'J, of the general incorporation act of 1872, to making local improvements by 
special assessment or by special taxation to contiguous property only, yet taking the whole arti- 
cle together, it is broad enough to authorize the making of special assessments upon propertv 
specially benefitted, without regard to its being contiguous. Guild v. City of Chicago, 82 111. R., 
472. 

A special assessment is a eliarge imposed upon real estate for a special purpose, 
and not for a general or public object, and it is not a charge on an estate which reduces it in 
value. Irustees, etc., v. Chicago, 12 111. R., 403 ; Peoria v. Kidder, 26 111. E.., 357. 



ART. IX.] OF THE ASSESSMENT AND COLLECTION OF TAXES. 97 



140. Assessment roll— Return.] § 2G. They shall also make 
or cause to be made an assessment roll, in which shall appear the 
names of the owners, so far as known, a description of each lot, 
block, tract or parcel of land, and the amount assessed as special 
benefits thereto, and in which they shall set down as against the 
city or village the amount they shall have found as public benefit, 
and certify such assessment roll to the court by which they were 



The public property of the state, comities and municipal corporations is lia- 
ble to assessment for public taxes or special assessments for public improvements. It is a mere 
question of policy. Higgins v. City of Chicago, 18 111. R., 281. 

Real estate owned by a municipal corporation is not exempted from its proper share of tne 
burden of constructing public improvements. Scammon v. City of Chicago, 42 111. It., 192. 

A street railway company, occupying a portion of a street with their track and 
in the use thereof, under a charter, and a contract with the city authorities, have a franchise and 
right of occupancy which is a property of a character to be substantially benefitted by the pav- 
ing of such street; and in proportion as it is thus benefitted it should contribute its share to the 
cost of the improvement, in common with the other property upon the street. City of Chicago v. 
Baer et at., 41 111. R., 306. 

Church property may he assessed for special purposes, though not liable for 
ordinary taxes. City of Ottawa v. Trustees, etc., 20 111. R., 423. 

An assessment paid to the city of Chicago for the purpose of opening a street under 
its former charter, it was held might be recovered from the city, if the street shall not be opened 
within a reasonable time ; and any period of time which would bar the recovery, if the action 
should be delayed, will be considered reasonable. Bradford v. City of Chicago, 25 111. R., 411. 

Upon a special assessment for grading, paving and curbing a street, it appeared 
the curbing had been done some years previously, and was adopted by the city, and in making 
this improvement, no new curbing having been made. Held, the city could no"t collect an assess- 
ment for work it never performed. Daralthy v. City of Chicago, 53 111. R , 79. 

Where a special assessment was made, and lands sold to pay the same, and 
a certificate of purchase issued to a party, and the owner had, before the purchase received a 
deed, enjoined the city and its officers from making the projected improvement, and had the sale 
declared void and order for the purchaser to surrender his certificate ; held, the purchaser was 
entitled to recover his money, so paid, from the city. Wells v. City of Chicago, 66 111. R., 280. 

Money which lias been voluntarily paid on a judgment cannot he recovered 
back, even though the judgment was void, wiien the payment was made with a full knowledge 
of all the facts and circumstances of the case, and in ignorance only of the parties legal rights. 
Elston v. City of Chicago, 40 111. R., 514. 

Where a party has voluntarily paid a special assessment, and the fact that others 
have failed to pay it, or that the municipal authorities have abandoned the collection of other 
assessments, will not aid a party who has paid, to recover back his money. Falls v. City of Cairo, 
58 111. R., 403. 

Owners of property having paid assessments which are subsequently set aside, can- 
not recover them back, such payments being deemed in law voluntary. Union Building Associ- 
ation v. City of Chicago, 61 111. It., 439. 

Where a party paid taxes illegally assessed, and the only compulsion was that the 
land was liable for sale under a void judgment, which could not pass title, the payment could 
not be regarded as made under duress, and an action for money had and received will not lie 
against the county treasurer, to wiiom taxes were paid, to recover them back. Swanston v. Ijams, 
63 111. R., 165. 

The judgment of the commissioners of the hoard of public worhs, of the city 
of Chicago, as to what property shall be included and what shall be omitted, in the assessment 
of special benefits to be derived from a contemplated improvement, cannot be questioned except 
for fraud. It cannot be overthrown by testimony of other persons, that property benefitted by 
the proposed improvement was not assessed. Elliott v. City of Chicago, 48 111. R., 293 ; City of Chi- 
cago v. Burtice et at., 24 Id., 489. 

Where an ordinance of the city of LaSalle, prescribed the manner of assess- 
ing property for taxation in the city, provide I that the assessment should be completed and 
returned to the city clerk's office by a certain day, and that the clerk should give notice that the 
objections would be heard by the city council on a day designated in the ordinance, it was held 
that the requirement to return an assessment by a certain day was not simply directory to the 
assessor, but was mandatory, and its performance indispensable to the validity of the assessment. . 
Sanderson v. City of LaSalle, 57 111. R., 441. 

7 



.98 CITIES AND VILLAGES — INCORPORATION ACT. [DIY. I. 

appointed, at teast ten days before the first day of the term at 
which a final hearing thereon shall be had. [As amended by act 
approved and in force March 30, 1874. 

141. Notice by mail, posting* and publication. J § 27. It shall 
also be the duty of such commissioners to give notice of such 
assessment, and of the term of court at which a final hearing 
thereon will be had, in the following manner : 

First — They shall send by mail to each owner of premises 
assessed, whose name and place of residence is known to them, 
a notice, substantially in the following form : 

Mr Your (here give a short; description of the the premises), is assessed $ for 

public improvement. The assessment roll will be returned to the.... term of the county court 
of county. 

(Here give date.) 

Commissioners. 

Second — They shall cause at least ten days' notice to be given, 
by posting notices in at least four public places in such city or 
village, two of which shall be in the neighborhood of such pro- 
posed improvement ; and when a daily newspaper is published in 
such city or village, by publishing the same at least five successive 
days in such daily newspaper, or if no daily newspaper is pub- 
lished in such city or village, and a weekly newspaper is published 
therein, then at least once in each week, for two successive weeks, 
in such weekly newspaper, or if no daily or weekly newspaper is 
published in such city or village, then in a newspaper published 
in the county in which such city or village is situated. The notice 
may be substantially as follows :(1) 

SPECIAL ASSESSMENT NOTICE. 

Notice is hereby given to all persons interested, that the city council (or board of trustees, as the 
■case may be,) of , having ordered that (here insert the description and nature of im- 
provements substantially as in ordinance) have applied to the county court of county 

for an assessment of the costs of said improvements, according to benefits ; and an asssessment 
thereof having been made and returned to said court, the final hearing thereon will be had at 

the term of said court, commencing on the day of , A. D. 18.... All 

persons desiring may then and there appear and make their defense. 

(Here give date.) 

Commissioners. 

[As amended by act act approved April 25, 1873 ; in force July 
1, 1873. 

(1) A notice to parties interested in property assessed, which conforms to the 

law under which the city is incorporated and to the city ordinance in that regard, will be suf- 
ficient, although it is general, to " all parties interesested " to attend and make their objections to 
the confirmation of the assessment. City of Ottawa v. Macy, 20 111. R., 413. 

Where a notice is given of an application for the confirmation of a special 
assessment fo. opening or extending a street between two given points, there is no authority for 



I 



ART. IX.] OF TEE ASSESSMENT AND COLLECTION OF TAXES. 99 

142. Proof of notice.] § 28. On or before the final hearing, 
the affidavit of one or more of the commissioners shall be filed in 
said court, stating that they have sent or caused to be sent by 
mail, to the owners whose premises have been assessed, and 
whose name and place of residence are known to them, the notice 
hereinbefore required to be sent by mail to owners of premises 
assessed. They shall also cause to be filed the affidavit of the 

erson who shall have posted the notices required by this act to 
e posted, setting forth when and in what manner the same were 
posted. Such affidavits shall be received as prima facie evidence 
of a compliance with this act in regard to giving such notices. 
They shall also file a certificate of publication of said notice in 
like manner as is required in other cases of publication of notices. 
[As amended by act approved April 25, lo73 ; in force July 1, 
1873. 

143. Continuance when notice not in time.] § 29. If ten days 
shall not have elapsed between the first publication or the putting 
up of such notices and the first day of the next term of such 
court, the hearing shall be continued until the next term of 
court. 

144. Objections— Judgment by default. § 30. Any person 
interested in any real estate to be affected by such assessment, 
may appear and file objections to such report, and the court may 
make such order in regard to the time of filing such objections as 
may be made in cases at law in regard to the time of filing pleas. 
As to all lots, blocks, tracts and parcels of land to the assessment 
of which objections are not filed within the time ordered by the 
court, default may be entered, and the assessment confirmed by 
the court. (1) 

making an assessment for opening or extending the street beyond or o\itside of the points named 
in the notice. Owen v. City of Chicago, 53 111. R., 95. 

Where the collector's report showed that the notice was published ten clays, 

it was taken to mean secular days, and his affidavit appended to his report is prima facie evidence 
of the fact. Jenks et al. v. Chicago, 48 111. R., 296. 

If a party, having notice, fails to present his objections, he must be held to 
waived all irregularities. Ottawa v. C. & R. I. R. R. Co., 25 111. R.. 43 ; Jenks et al. v. Chicago, 48111. 
R., 296. 

Objection that the assessment was not made in conformity "with the statnte, 

or within the rule prescribed, should be made at the first opportunity. Jenks et al. v. Chicago, 48 
111. R.. 296. 

(1) It is a settled, rnle, that summary proceeding, as an application for judg- 
ment against land or lots of ground upon a special assessment roll, by which a man's property 
may be taken from him without his consent, and where there is no personal service of process; 
must be strictly pursued, and this must be shown on the face of the proceedings. So. where ap- 
plication was made for a judgment against land and lots, upon unpaid assessments for the grad- 
ing, paving and macadamizing of certain streets in the city of Chicago, objections were made to 
the assessment roll because it did not show damages as well as benefits to the property owners, 
resulting from the proposed improvements, and the objection was held to be fatal to the applica- 
tion. City of Chicago v. Wright, 32 111. R., 192. 



100 CITIES AND TILLAGES — INCORPORATION ACT. [DIV. I. 



145. Hearing — Jury,] § 31. On the hearing, the report of the 
commissioners shall be competent evidence, and either party may 
introduce such other evidence as may tend to establish the right 
of the matter. ,The hearing shall be conducted as in other cases 
at law, and if it shall appear that the premises of the objector are 
assessed more or less than they will be benefitted, or more or less 
than their peoportionate share of the cost of the improvement, 
the jury shall so find, and also find the amount for which such 
premises ought to be assessed, and judgment shall be rendered 
accordingly. 

146. Precedence.] § 32. The hearing in all cases arising under 
this act shall have precedence over all other cases in such court, 
except criminal cases. 

147. Court may modify, etc., the assessment.] § 33. The 
court before which any such proceeding may be pending, shall 
have authority, at any time before final adjournment [judgment], 
to modify, alter, change, annul or confirm any assessment re turned, 
as aforesaid, or cause any such assessment to be recast by the 
same commissioners whenever it shall be necessary for the attain- 
ment of justice, or may appoint other commissioners in the place 
of all or any of the commissioners first appointed, for the purpose 
of making such assessment or modifying, altering, changing or re- 
casting the same, and may take all such proceedings and make all 
such orders as may be necessary to make a true and just assess- 
ment of the cost of such improvement according to the princi- 

It is too Ictte, on application for judgment upon a special assessment, to show 
that the proposed improvement was private and not jjublic. The objections must be made before 
the assessment is confirmed, where the party has notice of the application for confirmation. 
Lehmer v. The. People ex rel., 80 111. R., 601, 

Amendments may he made to assessment rolls, where they are mere clerical and 
do not affect a party's rights or interests. Lehmer v. People ex rel., 80 111. It., GUI. 

All defects appearing on tine face cf tlie proceedings in a special assessment, which 
go to show that the requirements of the law have not been observed, and therefore, that the court 
had no legal right to render the judgment, can be urged on appeal or error, notwithstanding a 
partv failed to avail himself oi them before the common council. City of Ckicaao v. Wright, 32 
111. R.. 192. 

Where, Tby the charter of a city, ample opportunity was given to make objec* 
tions to an assessment before the city council, on the return by the commissioners of the assess- 
rnent^ if a party lies by, having notice, and fails to present his objections to the city council, he 
must be held in a court of equity to have waived all irregularities, and cannot in that court have a 
hearing which he failed to avail of at law. City of Ottawa v. Chicago & Rock Island II. E. Co., 25 
111. R., 43 ; Jenks v. City of Chicago, 48 111. R., 296. 

The common conncil of the city of Ottawa is not boimdto decide upon the con- 
firmation of an assesment, on the day fixed for that purpose, by the notice given. The day 
named was for hearing objections ; deliberation may be necessary. City of Ottawa v. Fisher, 20 
111. R., 422. 

"Where the park commissioners of South Park, r in Cook. coni*ty, made an 
assessment upon property contiguous to the park, for benefits, and returned the same to the 
circuit court, where the same was found valid and confirmed and divided into yearly instal- 
ments, it was held that confirmation of the assessment by the circuit court was res adjudicata as 
to the validity and legality of the assessment and levy, and precluded any investipation of the 
matters so decided. The People ex rel. v. Brislin, 80 111. R., 123 ; Lehmer v. People ex rel, 80 111. 
R., 601. 



ART. IX.] OF THE ASSESSMENT AND COLLECTION OF TAXES. 101 

pies of this act, and may from time to time as may be necessary, 
continue the application for that purpose as to the whole or any 
part of the premises. 

148. Judgment several— Appeal, etc. — Lien.] § 34. The judg- 
ment of the court shall have the effect of a several judgment as to 
each tract or parcel of land assessed, and any appeal from such 
judgment or writ of error shall not invalidate or delay the judg- 
ment, except as to the property concerning which the appeal or 
writ of error is taken. Such judgment shall be a lien upon the 
property assessed, from the date thereof until payment shall be 
made. 

149. Judgment certified to city clerk — Filing — Warrant.] § 35. 
The clerk of the court in which such judgment is rendered shall 
certify the assessment roll and judgment to the clerk of such city 
or village, or if there has been an appeal or writ of error taken on 
any part of such judgment, then he shall certify such part of the 
judgment as is not included in such appeal or writ of error. The 
clerk of the city or village shall file such certificate in his office, 
and issue a warrant for the collection of such assessment. 

150. Form of Warrant.] § 36. The warrant in all cases of 
assessment under this act shall contain a copy of such certificate 
of the judgment, describing the lots, blocks, tracts or parcels of 
land assessed, and the respective amounts assessed on each lot, 
block, tract or parcel of land, and shall be delivered to the officer 
authorized to collect such special assessments. Such warrant 
shall 'give sufficient authority to collect the assessments therein 
specified. 

151. Collector's notice— Form of.] § 37. The collector receiv- 
ing such warrant shall immediately give notice thereof by publish- 
ing such notice in one or more newspapers in such city or village, 
if such newspaper is there ; and if there is no such newspaper, 
then by posting four copies thereof in public places along the line 
of the proposed improvement. Such notice may be substantially 
in the following form : 

SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. — . 

Public notice is hereby given that the (here insert title of court) has rendered judgment for a 
special assessment upon property benefited by the following improvement (.here insert the char- 
acter and location of the improvement iu general terms) as will more fully appear from the cer- 
tified copy of the judgment on hie in the office of the clerk of the city (orvillage) of ; that 

a warrant for the collection of such assessments is in the hands of the undersigned. All persons 
interested are hereby notified to call and pay the amounts assessed, at the collector's office, (here 
insert location of office) within thirty days from the date hereof. 

Dated this .... day of , A. D. 18.. 

, Collector. 

152. Manner of collecting— Entry of payment.] § 38. It shall 
be the duty of the collector into whose hands the warrant shall so 
come, as far as practicable to call upon all persons resident within 



102 CITIES AND VILLAGES — INCOBPOKATION ACT. [DIV. I. 

the corporation whose names appear on the assessment roll, or the 
occupants of the property assessed, and personally, or by written 
or printed notice left at his or her usual place of abode, inform 
them of such assessment, and request payment of the same. Any 
such collector ommitting so to do shall be liable to a penalty of 
$10 for every such omission, but the validity of the special assess- 
ment, or the right to apply for and obtain judgment for any such 
special [assessment,] shall not be affected by such ommission. It 
shall be the duty of such collector to write the word "paid" oppo- 
site each tract or lot on which the assessment is paid, together 
with the name and post office address of the person making the 
payment, and date of payment. 

153. Report of delinquent list to county collector — Evidence — 
Defense.] § 39. It shall be the duty of the collector of special 
assessments, within such time as the city council or board of trus- 
tees may by ordinance provide, to make a report in writing — to 
the general officer of the county authorized, or to be designated 
by the general revenue law of this state, to apply for judgment and 
sell lands for taxes due the county and state --of all the lands, 
town lots and real property on which he shall have been unable to 
collect special assessments, with the amount of special assessments 
due and unpaid thereon, together with his warrant, or with a brief 
description of the nature of the warrant or warrants received by 
him authorizing the collection thereof; which report shall be ac- 
companied with the oath of the collector that the list is a correct 
return and report of the lands, town lots and real property on 
which the special assessments levied by authority of th« city 

of (or village of , as the case may be,) remain due 

and unpaid ; that he is unable to collect the same or any part 
thereof, and that he has given the notice required by law that said 
warrants had been received by him for collection. Said report, 
when so made, shall be prima facie evidence that all the forms and 
requirements of the law in relation to making said return have 
been complied with, and that the special assessments mentioned 
in said report are due and unpaid. And, upon the application for 
judgment upon such assessment, no defense or objection shall be 
made or heard which might have been interposed in the proceed- 
ing for the making of such assessment, or the application for the 
confirmation thereof. (1) 

154:. Application for Judgment— What laws govern.] § 40. 
When said general officer shall receive the report provided for in 

(1) Where a collector makes return that lie is unable to collect the amount as- 
sessed, or any part thereof, his return will be conclusive of the facts stated. If the return is false 
he officer is liable thereon. City of Ottawa v. Macy, 20 111. R., 413. 



ART. IX.] OF THE ASSESSMENT AND COLLECTION OF TAXES. 103 

the preceding section, lie shall at once proceed to obtain judgment 
against said lots, parcels of land and property for said special as- 
sessments remaining due and unpaid, in the same manner as is or 
may be by law provided for obtaining judgment against lands for 
taxes due and unpaid the county and state ; and shall in the same 
manner proceed to sell the same for the said special assessments 
remaining due and unpaid. In obtaining said judgment and 
making said sale, the said officer shall be governed by the general 
revenue laws of this state, except when otherwise provided herein. 
[See Kev. Stat., " Eevenue," ch. 120, § 182, seq. 

155. Return of sales — Redemption.] § 41. After making said 
sales, the list of lots, parcels of land and property sold thereat 
shall be returned to the office of the county clerk, and redemption 
may be made as provided for by the general revenue law of this 
state. [See Kev. Stat., " Eevenue," ch. 120, § 210-215. 

156. Penalty when lands paid are sold for tax, etc.] § 42. If 
the collector shall receive any moneys for taxes or assessments, 
giving a receipt therefor for any land or parcel of land, and after- 
wards return the same as unpaid to the state officers authorized to 
sell lands for taxes, or shall receive the same after making such 
return, and the same be sold for tax or assessment which has been 
so paid and receipted for by himself or his clerks, he and his bond 
shall be liable to the holder of the certificate given to the pur- 
chasers at the sale, for double the amount of the face of the cer- 
tificate, to be demanded in two years from the date of the sale, 
and recovered in any court having jurisdiction of the amount ; and 
the city or village shall, in no case, be liable to the holder of such 
certificate. 

157. Paying over— Compensation.] §43. The collector or col- 
lectors, and the general officer aforesaid, to whom the said warrant 
shall be returned, shall pay over to the city or village treasurer to 
which it shall belong all moneys collected by them, respectively, 
upon or by virtue of such warrant, or upon any sale for taxes or 
otherwise, at such time or times, and in such manner as shall be 
prescribed by ordinance, and shall be allowed such compensation 
for their services in the collection of such assessment as the ordi- 
nances of the city or village may provide, except when such com- 
pensation is fixed by general law. 

158. General revenue laws apply.] §44. The general revenue 
laws of this state, in reference to proceedings to recover judgments 
for delinquent taxes, the sale of property thereon, the execution of 
certificates of sale and deeds thereon, the force and effect of such 
sales and deeds, and all other laws in relation to the enforcement 
and collection of taxes and redemption from tax sales, except as 



104 CITIES AND VILLAGES — INCORPORATION ACT. [OIV. I. 

herein otherwise provided, shall be applicable to proceedings to 
collect such special assessment. (1) [See Rev. Stat., "Revenue," ch. 
120, § 199-225. 

159. City or village may buy in.] § 45. Any city or village 
interested in the collection of any tax or special assessment, may 



(1) See Haines' Township Organization Laws, Title " Revenues," where the law and decis- 
ions on the subject of assessment and collection of taxes will be found. 

Concerning tine mode of perfecting the levy of taxes in cities and villages, the 
general revenue law of the state makes the following provision : 

Rev. Stat, 878. "Certificate of rates.] § 122. The proper authorities of towns, townships, 
district and incorporated cities, towns and villages, collecting taxes under the provisions 
of this act, shall annually, on or before the second Tuesday in August, certify to the 
county clerk the several amounts which they severally require to be raised by taxation, anything 
in their respective charters, or in acts heretofore passed by the general assembly of this state, to 
the contrary notwithstanding. [As amended by act approved May 3, 1873." 

If the certificate of the amount of municipal taxes is not filed with the county 
clerk within the time required by the statute, this will not invalidate the levy, as the irregularity 
or defect is cured by g 191 of the present revenue law. Chinequy v. The People ex rel. Sivigert, 78 
111. R., 570. 

If a party intends to -surge that a portion of the taxes levied are unconstitutional 
and void, he must make the specific objection in the court below and preserve the evidence of the 
facts in the record. Chinequy v. The People ex rel. Sivigert, 78 111. R., 570. 

The supreme court say that hy the adoption of section 191 of the present rev- 
enue law, nearly if not all the previous decisions of this court in regard to informalities and 
irregularities in the proceedings of any of the officers connected with the assessment, levying or 
collecting of the taxes, not affecting the substantial justice of the tax itself, have been abrogated 
as rules for the determination of cases arising after the adoption of such section, and courts can 
now only look to objections which affect the substantial justice of the tax. Thatcher v. The Peo- 
ple ex rel., 79 111. R., 597. 

If a notice of application for judgment against delinquent lands designates the 
years for which the taxes are unpaid, with such certainty that any one reading the notice wou'ld 
have no difficulty in determining for what year or years taxes on any particular tract or lot 
were delinquent, the purpose of the statute in requiring notice is subserved. Fisher v. The Peo- 
ple, 84 111. R., 491. 

A certificate of a publisher of a newspaper, sworn to, showing a state of facts which 
meets the requirements of the law as to the publication of notice of an application for judgment 
for taxes against delinquent lands, is sufficient, though it may not be in the precise words of the 
statute. Fisher v. The People, 84 111. R., 491. 

On application, hy the collector, for judgment against delinquent lands, his oath 
" that the foregoing is a true and correct list of the delinquent lands and lots within the county 
of C, upon which I have been unable to collect the taxes, and special assessments, interest and 
printer's fees charged thereon, as required by law, for the year or years therein set forth; that 
said taxes, assessments, interest and printer's fees now remain due and unpaid as I verily 
believe," and signed Henry B. Miller, county treasurer, and ex-officio county collector of Cook 
county, Illinois, and the following jurat thereto : ''Subscribed and sworn to before me this 3rd 
day of June, A. I). 1875/' and signed by the county clerk, were held to be in substantial compli- 
ance with the statute. Weston el al. v. The People ex rel., 84 111. R., 284. 

It is not essential to the jurisdiction of the court to render judgment for taxes 
against delinquent lands, that the town collector should make and return to the county collector 
an affidavit showing what taxes are delinquent; the delinquent list reported by the county col- 
lector to the county clerk, under oath, is prima facie evidence of delinquency, upon which, un- 
less overcome by other evidence, the court mav render judgment. Fisher v. The People, 84 111. R„ 
491; Pike et al. v. The People ex rel., 84 111. R., 80. 

The county court lias the power to make a rule limiting the time for filing objec- 
tions to judgment against delinquent lands for taxes, and may enforce the same by refusing to 
receive objections after the exniration of a reasonable time thus fixed. Hess v. The People ex rel., 
84 111. R., 247. 

Where there is a column in. a delinquent list headed, "In whose name assessed," 
and in such column, opposite the several tracts of land, names are given, and the collector states 
that he gives the owners' names, so far as they are known, it will be taken that the names so 
appearing are the names of the owners of the lands, so far as they are known, and there is a suf- 
ficient compliance with the statute in that particular. Halsey et al. v. The People ex rel.,M 111. R., 
89. 



ART. IX.] OF THE ASSESSMENT AND COLLECTION OF TAXES. 105 

become a purchaser at any sale of real or personal property to en- 
force the collection of the same, and may, by ordinance authorize 
and make it the duty of one or more city or village officers to at- 
tend such sales, and bid thereat in behalf of the corporation. 

160. When assessment set aside— New assessment.] § 46. If 
any assessment shall be annulled by the city council or board of 
trustees, or set aside by any court, a new assessment may be made 
and returned, and like notice given and proceedings had, as herein 
required in relation to the first; and all parties in interest shall 
have the like rights, and the city council or board of trustees and 
court shall perform like duties and have like power in relation to 
any subsequent assessment, as are hereby given in relation to the 
first assessment. (1) 

161. Supplemental assessments.] § 47. If, in any case, the 
first assessment prove insufficient, a second may be made in the 
same manner, as nearly as may be, and so on, until sufficient 
moneys shall have been realized to pay for such public improve- 
ment. If too large a sum shall, at any time, be raised, the excess 
shall be refunded ratably to those by whom it was paid. (2) 

1 62. New assessments against delinquents — Lien — Limitation. ] 
§ 48. If, from any cause, any city or village shall fail to collect the 
whole or any portion of any special assessment which may be lev- 
ied, which shall not be canceled and set aside by the order of any 
court, for any public improvement authorized to be made and paid 



(1) Where the city of Chicago levied an assessment to extend and open a 

street, and it was confirmed as required by its charter, and a warrant is issued to the collector, 
who returns a portion of the property delinquent, and applies to the court for an order of sale! 
and the court refuses, on objections interposed by the owners, the city authorities may, under 
that section proceed to levy a new assessment to cover the defect. City of Chicago \. Ward, 36 
111. R., ( J; Lafiin v. City of Chicago, 48 Id., 449. 

(2) Proceedings on trial in special assessment cases. Where objections arc filed to 
the report of commissioners, in assessing benefits and damages, the statute does not contemplate 
a sepa rate trial as to each objector, but that all shall be tried as one case, by the same j ury. The 
issue to be tried by the jury is, whether the objector is assessed more or less than his premises 
will be benefitted, or more or less than his proportionate share of the cost of the improvement, 
and the jury are also required to find the amount the premises should be assessed. It is wholly 
irrelevant and immaterial what proportion of the total cost would benefit the public, and a ques- 
tion designed to elicit an opinion in this respect is properly refused. It does not matter whether 
the benefits to the property assessed are equal or more than half equal to the cost of the improve- 
ment. A party objecting will not be allowed to show that his lot has been assessed more than 
another particular lot. The witnesses should be confined to a comparison of the assessments objec- 
ted to on a particular lot with the general assessment against all the other lots, the real question 
being, whether the particular lot is over or under assessed in proportion to the general assess- 
ment. It is no valid objection that a part of a lot in the line of the proposed street was not con- 
demned by the city authorities. The burden of proof rests upon a city, in a proceeding to 
assess benefits from the opening of a street, to show that the assessment is right, and then the 
burden of proof to show its incorrectness is shifted to the objectors, and they must show, by a 
preponderance of evidence, that one or more of the lots assed was assessed more or less than its 
proportionote share of the cost of the improvement. Fagan ct al. v. City of Chicago, 84 111 R 2' 1 ?. 
See sections 140, 141, 145, 148, ante. 

Where an assessment lias been confirmed by a court of competent jurisdiction, 
and no appeal is taken from that judgment, the question as to the legality of the assessment, in 
a proceeding to collect the same, must be regarded as res acljudicata. Andrews et al. v. The Peoole 
ex rel., 84 111. R., 28. 



106 CITIES AND TILLAGES — INCORPORATION ACT. [DIV. I. 

for by special assessment, the city council or board of trustees may, 
at any time within five years after the confirmation of the original 
assessment, direct a new assessment to be made upon the delin- 
quent property for the amount of such deficiency, and interest 
thereon from the date of such original assessment — which assess- 
ment shall be made, as near as may be, in the same manner as is 
herein prescribed for the first assessment. In all cases where par- 
tial payment shall have been made on such former assessment, 
they shall be credited or allowed on the new assesment to the prop- 
erty for which they were made, so that the assessment shall be 
equal and impartial in its results. If such new assessment prove 
ineffectual, either in whole or in part, the city council or board of 
trustees may, at any time within said period of five years, order a 
third, and so on, to be levied in the same manner and for the same 
purpose; and it shall constitute no legal objection to such assess- 
ment that the property ina}^ have changed hands, or been encum- 
bered, subsequent to the date of the original assessment, it being 
the true intent and meaning of this section to make the cost and 
expense of all public improvements, to be paid for by a special as- 
sessment, a charge upon the property assessed therefor, for the 
full period of five years, from the confirmation of the original as- 
sessment, and for such longer period as may be required to collect, 
in dae course of law, any new assessment ordered within that 
period. (1) 

163. Contracts payable from assessments.] § 49. All persons 
taking any contracts with the city or village, and who agree to be paid 
from special assessments, shall have no claim or lien upon the city 
or village in any event, except from the collections of the special 
assessments made for the work contracted for. (2) 

(1) An assessment hased upon a former assessment, which was void, is itself 
void. Bowen v. City of Chicago, 61 111. R., 268; City of Chicago v. Wright. 80 111. 11., 579. 

"Where a special assessment is held invalid on account of the ordinance under 
■which it was made being illegal, the defect cannot be cured or remedied by making a new assess- 
ment and report under the invalid ordinance. City of Chicago v. Wright, 80 111. R., 579. 

Where a special assessment was made and payments made thereon and the 

assessment is afterwards declared void and the city enjoined from proceeding under them, the 
first assessment and its payment will not prevent a re-assessment for the same improvement, 
should it again be ordered. Wells v. City of Chicago, 66 111. R., 280. 

(2) Where a city made a contract with a party to perform certain work upon 
its streets, wherein it was expressly stipulated on the part of the contractor that he would look 
for payment only from the proceeds of any certain special assessment already levied, and from 
the proceeds of any special assessments which might thereafter be levied, he agreeing to make no 
claim against the corporation, except for the collection of such assessment. Held, in a proceed- 
ing for a mandamus against the corporation to compel payment, that such contractor must abide 
by his agreement to look for payment only to the proceeds of special assessments made or to be 
made ; it appearing that the corporation was, in good faith, and with reasonable diligence, pro- 
ceeding to make collections by means of such assessment. City of Clucago v. The People ex rcl., 
48 111. R., 416. 

Where a city enters into contract for the improvement of a street, the city 
agreeing to pay for the work when completed and accepted, and when the special assessment to 



AET. IX.] OF THE ASSESSMENT AND COLLECTION OF TAXES. 107 

164. How contracts let — Approval.] §50. All contracts for 
the making of any public improvement, to be paid for in whole or 
in part by a special assessment, and any work or other public im- 
provement, when the expense thereof shall exceed $500, shall be 
let to the lowast responsible bidder, in the manner to be prescribed 
by ordinance — such contracts to be approved by the mayor or 
president of the board of trustees : Provided, hoicever, any such 
contract may be entered into by the proper officer without adver- 
tising for bids, and without such approval, by a vote of two-thirds 
of all the aldermen or trustees elected.(l) 

165. Lien.] § 51. All special assessments levied by any city 
or village under this act, shall, from the date of assessment, be a 
lien upon the real estate upon which the same may be imposed, 
and such lien shall continue until such special assessments are paid. 
And the same proceedings may be resorted to by the collector, 
upon any warrant or order issued or made for the collection of 
special assessments, as in the case of the collection of state and 
county taxes under the general lawo of the state. 

166. Collection by suit.] § 52. At any time after the same 
becomes due, it shall and may be lawful for any collector thereof 
to commence suit in any court of record, in the corporate name of 
such city or village, against any person or persons, for the total 
amount of special assessments which such person or persons are 
liable for the payment of. Such suit shall be commenced by peti- 



be levied to pay the same should be collected, a part of said assessment could not be collected for 
the reasons the city had by contract expressly exempted the owner from such assessment ; such 
assessment was therefore to that extent void, and the condition of the contract being impossible, 
the promise to that extent was single and absolute, and the contractor having no notice of sucli 
void assessment at the time he assented to the condition, has a remedy against the city to recover 
Avhat lie would have been entitled to had the entire assessment been valid. City of Chicago v. 
2 he People, ex ret, 56 111. It., 329. 

Municipal corporations may be bound on implied .contracts, to be deduced by 
inference from their corporate acts, without either note, deed or writing. So, where the statement 
of officials made during the prosecution of a work for a corporation, to persons engaged upon it, 
arc a part of the res gestae, and admissible as showing the manner and circumstance under which, 
the work was begun and prosecuted. Maker v. City of Chicago, 38 111. R,, 266. 

The fact that no authority exists for the payment, out of the general revenue, of 
judgments against a city for work performed in the improvement of streets, does not release the 
city from liability therefor. Slusser v. Burlington, 42 Iowa R., 378. 

The fact that the municipal authorities have been enjoined from confirming 
an assessment for street paving, is no defense to an action by the contractor, against the city, to 
recover a balance due under a contract. Bowery Nat. Bank v. Mayor etc. of New York, 15 N. Y. 
Supreme Court, 224. 

(1) An act directing that contracts shall be awarded to the lowest responsible 

bidder, imposes duties upon the city authorities, which are simply ministerial, but discretionary 
and deliberative, and courts will not, therefore interfere to restrain these authorities from a con- 
tract to one who is not the lowest bidder, even though their action has been indiscreet, unless it 
is shown that they have acted corruptly and in bad faith. Flndley v. Pittsburgh, 82 Pa. St., 351. 

Where a contract, entered into by a city for the construction of certain public works, 
provides that they shall be completed under the supervision and to the satisfaction of an ofheeroi* 
the city, his action, in finally accepting them, is an announcement of his decision that the terms 
of the contract have been complied with, and is binding upon the city. Omaha v. Hammond, 94 
U. S., (4 Otto,) 98. 



108 CITIES AND VILLAGES — INCORPORATION ACT. [DIY. I 

tion, and shall state the several amounts of the special assessments 
sought to be recovered, and give a general description of the war- 
rant or warrants issued for the collection thereof. Upon the riling 
of the petition a summons shall be isssued, served and returned as 
in other suits in such court. Upon the return of such summons, 
duly served, the court shall forthwith proceed to the hearing of 
said petition without formal pleadings, and may render judgment 
for all or any part of the special assessments, as the right and jus- 
tice of the case may require. The original, or a certified copy (by 
the clerk, under the corporate seal,) of such warrant or warrants 
and list or lists, or so much thereof as refers to the special assess- 
ments sought to be recovered, shall be prima facie evidence of the 
right of said collector to a judgment in favor of such corporation. 
Execution shall issue on such judgment as in other cases, but such 
execution may be first levied upon and collected from any personal 
property of the defendant ; or the court, in which such proceedings 
were had, may, upon complaint of the city or village, issue a scire 
facias against the person or persons liable for such payment, to 
show cause why execution should not issue against him or them 
for the amount of such assessment ; and if, upon the return of such 
scire facias, good cause is not shown why execution should not is- 
sue, the court may award execution against such person or persons 
in the usual form of execution upon judgments at law. 

107. Supplemental petition to assess benefits in condemnation 
case.] § 53. Whenever any city or village shall apply to any 
court for the purpose of making just compensation for property 
taken or damaged by such proceedings as are authorized by this 
act, such city or village may file in the same proceeding a supple- 
mental petition, praying the court to cause that an assessment be 
made for the purpose of raising the amount necessary to pay the 
compensation and damages which may be or shall have been 
awarded for the property taken or damaged, with the costs of the 
proceeding. The said court shall have power, at any time after 
any such supplemental petition shall have been filed, to appoint 
three commissioners to make such assessment, and to ascertain, 
as near as may be, the costs incurred to the time of such appoint- 
ment, and the probable further costs of the proceedings, including 
therein the estimated costs of making and collecting such assess- 
ment, and shall direct such costs to be included by such commis- 
sioners in making said assessment. Like proceedings in making 
said assessment shall be had, and the assessment shall be made, 
collected and enforced in the same manner, as near as may be, as 
is provided in this article in other cases. [As amended by act ap- 
proved and in force March 30, 1874 



ART. X.J MISCELLANEOUS PROVISIONS — WATER. 109 

168. Adoption of this article.] § 54. Any city or incorporated 
town or village may, if it shall so determine by ordinance, adopt 
the provisions of this article without adopting the whole of this 
act ; and where it shall have so adopted this article, it shall have 
the right to take all proceedings in this article provided for, and 
have the benefit of all the provisions hereof. 

AETICLE X. 

MISCELLANEOUS PROVISIONS — WATER. 

169. Water — borrow money. 

170. Acquiring property for water works— jurisdiction over. 

171. Regulations — rates — taxation, etc. 

172. Tax-payers may enforce rights in name of city, etc. 

173. Maps— approval of. 

174. Inhabitants competent as jurors, etc. 

175. Population — census. 

176. Municipal year. 

177. City or village need not give appeal bond. 

169. Water — Borrow money.] § 1. The city council or board 
of trustees shall have the power to provide for a supply of water 
by the boring and sinking of artesian wells, or by the construction 
and regulation of wells, pumps, cisterns, reservoirs or water works, 
and to borrow money therefor, and to authorize any person or pri- 
vate corporation to construct and maintain the same at such rates 
as may be fixed by ordinance, and for a period not exceeding 
thirty years ; also to prevent the unneccessary waste of water ; to 
prevent the pollution of the water, and injuries to such wells, 
pumps, cisterns, reservoirs or water works. [See § 227-236. 

170. Acquiring property for water works —Jurisdiction over.] 
§ 2. For the purpose of establishing or supplying water works, 
any city or village may go beyond its territorial limits, and may 
take, hold and acquire property by purchase or otherwise ; shall 
have power to take and condemn all necessary lands or property 
therefor, in the manner provided for the taking or injuring private 
property for public uses ; and the jurisdiction of the city or village 
to prevent or punish any pollution or injury to the stream or 
source of water, or to such water works, shall extend five miles 
beyond its corporate limits, or so far as such water works may 
extend. [See § 229, also Eev. Stat., " Eminent Domain," ch. 47. 

171. Regulations— Rates, taxation, etc.] §3. The city coun- 
cil or board of trustees shall have power to make all needful rules 
and regulations concerning the use of water supplied by the water 



110 CITIES AND VILLAGES — INCORPORATION ACT. [DIV. I. 

works of said city or village, and to do all acts and make such 
rules and regulations for the construction, completion, manage- 
ment or control of the water works, and for the levying and col- 
lecting of any water taxes, rates or assessments, as the said city 
council or board of trustees may deem necessary and expedient ; 
and such water taxes, rents, rates or assessments may be levied or 
assessed upon any lot or parcel of ground, having a building or 
buildings thereon, which shall abutt or join any street, avenue or 
alley in such city or village through which the distributing pipes 
of such water works (if any) of said city or village are or may 
be laid, which can be conveniently supplied with water from said 
pipes : Provided, [whether] the water shall be used on such lot or 
parcel of ground or not ; and the same, when so levied or assessed, 
shall become a continuing lien or charge upon such lot or parcel 
of ground, building or buildings, situated thereon, and such lien or 
charge may be collected or enforced in such manner as the city 
council may by ordinance prescribe. And the corporate authori- 
ties may levy a general tax for the construction and maintenance 
of such water works, and appropriate money therefor. 

172. Tax-payers may enforce rights in name of city, etc.] 
§ 4. A suit may be brought by any tax-payer, in the name and for 
the benefit of the city or village, against any person or corpora- 
tion, to recover any money or property belonging to the city or 
village, or for any money which may have been paid, expended, or 
released without authority of law : Provided, that such tax-payer 
shall file a bond for all costs, and be liable for all costs in case the 
city or village be cast in the suit, and judgment shall be rendered 
accordingly. 

173. Maps — Approval of.] § 5. The city council or board of 
trustees shall have power to provide, by ordinance, that any map, 
plat, or subdivision of any block, lot, sub-lot, or part thereof, or of 
any piece or parcel of land, shall be sumitted to the city council 
or board of trustees, or to some officer to be designated by such 
council or board of trustees, for their or his approval ; and in such 
cases no such map, plat or subdivision shall be entitled to record 
in the proper county, or have any validity until it shall have been 
so approved. [See Rev. Stat., " Recorders," ch. 115, § 13. 

174:. Inhabitants competent as jurors, etc.] § 6. No person 
shall be an incompetent judge, justice or juror, by reason of his 
being an inhabitant or freeholder in said city or village, in any 
action or proceeding in which said city or village may be a party 
in interest. 

175. Population— Census.] § 7. Whenever in this act any pro- 
vision thereof is based upon the number of inhabitants, [the num- 



ART. XI.] OP THE OEGANIZATION OF VILLAGES. Ill 

ber of inhabitants] of the city or village shall be determined by 
reference to the latest census taken by authority of the United 
States or this state, or of such city or village ; and it shall be the 
duty of the secretary of state, upon the publication of any state 
or United States census, to certify to each city or village the num- 
ber of inhabitants, as shown by such census. Any city or village 
may, by ordinance, provide for the taking of a census of the pop- 
ulation thereof , in order to determine the number of such population 
for any and all purposes of this act. And the several courts in this 
state shall take judicial notice of the population of any city or 
village, as the same may appear from the latest federal, state, city 
or village census so taken. 

176. Municipal year.] §8. The term "municipal year" shall 
be construed to mean the period elapsing between the regular annual 
election, unless otherwise provided by ordinance. 

177. City or village need not give appeal bond.] § 9. When 
in any suit the city or village prays an appeal from the judgment 
of any court of this state to a higher court, it shall not be required 
to furnish an appeal bond. 

AKTICLE XI. 

OP THE ORGANIZATION OF VILLAGES. 

178. By incorporated towns. 

179. Ballot. 

180. Returns — canvass — record. 

181. Result — old officers continue until, etc. 

182. New organization — how effected. 

183. Petition — election — return. 

184. Result — election of officers, etc. 

185. Trustees — corporate name — powers. 

186. Powers and duties of president and trustees. 

187. Style of ordinances. 

188. Appointment of officers — prescribe duties and fees. 

189. Powers of village constable. 

190. Annual election. 

191. Suits— jurisdiction, fines, etc. 

192. Police magistrates. 

193. No incorporation allowed under former laws. 

178. By incorporated towns.] § 1. Any town in this state in- 
corporated either under any general law for the incorporation of 
towns, and acts amendatory thereof, or under any special act for 
the incorporation of any town or village, may become organized 
as a village, under this act, in the manner following : Whenever 
any thirty voters in such town shall petition the president and trus- 



112 CITIES AND TILLAGES — INCORPORATION ACT. [DIT. I. 



tees thereof to submit the question whether such town will become 
organized as a village, under this act, to the decision of the legal 
voters thereof, it shall be the duty of such president and trustees 
to submit the same accordingly ; and to fix a time and place within 
such town for holding such election ; and to appoint the judges 
to hold such election ; and to give notice of the time, place and 
purpose of such election by causing at least five notices thereof to 
be posted in public places in such town, for at least fifteen days 
prior to holding such election. (1) 

179. Ballot.] § 2. Each qualified voter, resident within such 
town or proposed village, shall have the right to cast a ballot at 
such election, with the words thereon, "For village organization 
under the general law," or "Against village organization, under the 
general law." 

180. Returns— Canvass — Record.] § 3. The judges of such 
election shall make returns thereof to the president and trustees 
of the town, as soon as practicable after sucli election is held ; and 
it shall be the duty of the president and trustees to canvass such 
returns, and cause a statement of the result of such election to be 
entered upon the records of the town. (2) 

181. Result— Old officers continue until, etc. ] § 4. If a ma- 
jority of the votes cast at such election are for village organization 
under the general law, such town shall, from thenceforth, be 
deemed to be duly incorporated as a village under this act ; but the 
town officers then in office shall continue as like officers of such 
village until their successors shall be elected or appointed under 
the provisions of this act. 

182. New organization— How effected. J § 5. Whenever any 
area of contiguous territory, not exceeding two square miles, shall 
have resident thereon a population of at least three hundred inhab- 
itants, and which territory is not included within the limits of any 
incorpated town, village or city, the same may become incorporated 
as a village, under this act, in the manner following : Any thirty 
legal voters resident within the limits of such proposed village may 
petition the count} T judge of the county in which they reside, to 
cause "the question to be submitted to the legal voters of such pro- 
posed village, whether they will organize as a village under this 

(1) See form of petition and notice, Div. II, 2>ost. 

Where a proper petition is presented by tlie voters in a town existing Tinder a 
special charter for the right to become incorporated as a village, under the general law, the coun- 
cil has no discretion, whether the petition should be granted or not. The petition being; in con- 
formity with the statute, it is the plain duty of the council to act upon it at the earliest con- 
venient moment, fix the time and place of holding an election, select the judges therefor, and 
give the required notice thereof. Village of Glcnc/c v. The People, ex ret, 73 111. R., '662. 

(2) See form of statement of result of election, Div, II, post. 



AET. XI.] OF THE ORGANIZATION OF VILLAGES. 113 

act. And if the territory described in said petition shall be situ- 
ated in more than one county, then the petition shall be addressed 
to the judge of the county court of the county where a greater part 
of such territory is situated. Such petition shall be addressed to 
the county judge, contain a definite description of the lands in- 
tended to be embraced in such village, the number of inhabitants 
resident therein, and the name of such proposed village. (1) [See 
§175. 

183. Petition — Election — Keturns.] § 6. Upon the filing such 
petition in the office of the county clerk, it shall be the duty of such 
judge to perform the same duties in reference to fixing the time 
and place of such election, giving notice appointing judges thereof, 
as is above required to be performed by the president and trustees 
in towns already incorporated. The returns of such election shall 
be made to the county judge, who shall call to his assistance any 
two justices of the peace, and canvass such returns, and cause a 
statement of the result of such election to be entered upon the 
records of the county court. (2) The second section of this article 
shall be applicable to such election. 

181. Besnlt— Election of officers, etc.] § 7. If a majority of 
the votes cast at such election is for village organization under 
the general law, such proposed village, with the boundaries and 
name mentioned in the petition, shall, from thenceforth, be deemed 
an organized village under this act, and the county judge shall, 
thereupon, call and fix the time and place of an election to elect 
village officers, and cause notice thereof to be posted or published, 
and perform all . other acts in reference to such election, in like 
manner, as nearly as may be, as he is required to perform in refer- 
ence to the election of officers in newly organized cities. (3) But 
the term of office of trustees elected at such election shall termin- 
ate as soon as their successors are elected and qualified, at the 
regular annual election. 

185. Trustees— Corporate name— Powers.] § 8. In each vil- 
lage organized under this act, there shall be elected, by the quali- 
fied electors therein, six (6) trustees, who shall hold their office for 
one year and until their successors are elected and qualified. The 
trustees shall choose one of their own number president ; and 
such village shall thenceforth be considered, in law and equity, a 
body corporate and politic, by the name and style of " The Village 
of ," and by such name and style may sue and may be sued, 

(1) See form of petition to county judge, Div. II, post. 

(2) See form of statement of result of election, Div. II, post. 

(3) See ante p. 21, \ 7. See form of notice cf election, Diy II, post. 

8 



114 CITIES AND VILLAGES — INCOBPOEATION ACT. [DIV. I. 



contract and be contracted with, acquire and hold real and per- 
gonal property necessary for corporate purposes, adopt a common 
seal and alter the same at pleasure, and possess all other powers 
■ as a corporation in this act conferred upon cities not exceeding 
five thousand inhabitants, except as herein otherwise expressly 
provided. And wherever the words " city council " or "mayor" 
occur in this act, the same shall be held to apply to the trustees 
and president of such village, so far as the same may be appli- 
cable. (1) 

1.86. Powers and duties of president and trustees. J § 9. The 

president of the board of trustees shall perform the duties and 
exercise the powers conferred upon the mayor of a city not ex- 
ceeding five thousand inhabitants, and shall have the right to vote 
as a trustee at any meeting of the trustees; but when he shall 
have so voted shall not have the right to give the casting vote ; 
and the trustees shall perform the duties and exercise all the pow- 
ers conferred upon aldermen in cities; and the president and 
board of trustees may exercise the same powers conferred upon 
the mayor and city council of cities of not exceeding five thousand 
inhabitants, and pass ordinances in like manner. The president 
of the board of trustees may exercise the same veto powers, and 
with like effect as the mayor of a city ; and the board of trustees 
may pass ordinances over such veto in like manner as a city coun- 
cil. (2) 

187. Style of ordinances.] § 10. The style of ordinances 
passed in villages shall be as follows : " Be it ordained by the 

President and Board of Trustees of the Tillage of ," (as the 

case may be). 

188. Appointment of officers— Prescribe duties and fees.] § 11. 
The president and board of trustees may appoint a clerk pro 
tempore, and whenever necessary to fill vacancies ; and may also 
appoint a treasurer, one or more street commissioners, a village 
constable, and such other officers as may be necessary to carry 
into effect the powers conferred upon villages, to prescribe their 
duties and fees, and require such officers to execute bonds as may 
be prescribed by ordinance. 

189. Powers of constable. § 12. The village constable shall 
have the same powers to make arrests, execute process, and per- 
form other official acts as other constables under the general laws 

(1) A summons in a proceeding against the council of a village, to obtain a 

mandamus to compel the performance of a public duty, is properly served upon the president 
alone. Village of Glencoe v. The People ex rel., 78 111. R., 382. 

(2) See ante p. 31, \ 46. 



DIV. I.] FEKKIES AND BKIDGES. 115 

of the state, together with such other powers as may be conferred 
on him by ordinance. (1) 

190. Annual election.] § 13. An annual election for trustees 
and a clerk of villages shall be held on the third Tuesday of April 
in each year, and special elections may be held, under such regu- 
lations as may be provided by ordinance, to fill vacancies and for 
other purposes. 

191. Suits — Jurisdiction — Fines, etc.] § 14. Suits and prose- 
cutions for the violations of any village ordinance may be prose- 
cuted in the name of "The Tillage of ," and justices of the 

peace and police magistrates shall have jurisdiction over such 
suits ; and all fines and moneys so collected shall be paid into the 
village treasury. (2) 

192. Police magistrates.] § 15. There may be a police mag- 
istrate elected at a regular annual election in each village, who 
shall give bonds, qualify, and have the same jurisdiction as other 
justices of the peace, and hold his ofiice for four years, and until 
his successor is elected and qualified. (3) 

193. No incorporation allowed under former laws]. § 16. 
After the taking effect of this act, no town or city shall become 
incorporated under any other general law then in force for the 
incorporation of towns or cities. 



IT. FERRIES AND BRIDGES. 

AN ACT to enable Cities and Villages, incorporated under any general or special law of this 

State, to acquire by purchase, lease or gift, establish, maintain, license and regulate 

ferries, bridges, the approaches thereto and tolls thereon. [Approved May 

22,1877. In force July 1, 1877. L. 1877, p. 61.] 

194. License and regulate. 

194. License and regulate.] § 1. That it shall be lawful for 
the corporate authorities of any city or village, now or hereafter 
incorporated under any special or general law of this state, to 
acquire by purchase, lease or gift, and maintain, license and regu- 
late ferries and bridges, so acquired, and the approaches thereto, 
not exceeding four acres of land for each ferry or bridge, within 

(1) For powers of constable see Haines' Treatise, part IV, relating to powers and duties of 
constables. 

(2) Suits and prosecutions for the violation of ordinances in villages, should be commenced 
and conducted in like manner as in cities. See ante p. 67. 

(3) Concerning the election, qualification and jurisdiction of police magistrates, see Haines' 
Treatise, new ed„ part VI. 



116 CITIES AND TILLAGES. [DIV. I. 

the corporate limits or within five miles of the corporate limits 
thereof, and from time to time fix the tolls thereon. (1) 



III. ANNEXING AND EXCLUDING TERRITORY. 

AN ACT to provide for annexing and excluding territory to and from Cities. Towns and Villages, 

and to unite Cities, Towns and Villages. [Approved April 10, 1872. In force 

July 1,1872. L. 1871-2, p. 284. Rev. Stat., 214.] 

195. Petition to be annexed — annexing. 

196. Annexing one corporation to another. 

197. Proceeding by corporation to annex territory. 

198. Notice of proceedings. 

199. Objections to annexation — trial. 

200. Finding— costs, etc. 

201. Proceedings by owners to be annexed. 

202. Proceedings to disconnect. 

203. Map and ordinance recorded. 

204. School districts may use this act. 

205. Judicial notice of change. 

195. Petition to be annexed — Annexing.] § 1. That on peti- 
tion, in writing, signed by not less than three-fourths of the legal 

(1) The legislative authority not unusually makes to municipal corporations 

a more or less extensive grant respecting ferries and ferry franchise. Such a grant is not, unless 
otherwise expressed, a compact which cannot be impaired, but in the nature of a public law, 
subject to be repealed or changed, as the public interests may demand. A power to a munici- 
pality to establish and regulate ferries within its limits, does not give it an exclusive power, and 
consequently does not authorize it to confer an exclusive privilege upon others to establish a fer- 
ry. Dillon on Mun. Corp., § 78. 

Ferries can toe granted l>y tlie sovereign power, being ptiblici juris riparian pos- 
essors are not, by virtue of such possession, entitled th the ferry franchise. M ills v. The County 
Commissioners, 3 "Scam. R., 53; Trustees of Schools, etc. v. Tatman, 13 111. R. 27. The preference 
given by statute to riparian owners, provided the privilege has not been granted to any other per- 
son, has not changed "the common law principle previously stated. Mills v. The County Commis- 
sioners, 3 Scam., R., 53. 

A ferry franchise is no more nor less than a right conferred to land at a particular 
point, and to receive toll for the transportation of passengers and property from that point across 
a stream. The exercise of such a franchise divests no right or privilege which any citizen before 
that time enjoyed freely and uninterruptedly to navigate the river. This right of free navigation 
can, by no means, be construed as conferring upon the citizens the right to appropriate the banks 
or landings of the river to themselves, or to receive toll for transporting passengers and property 
from point to point across the same. The grant, unless limited by some general law, or by some 
restricted provisions in the law itself, is necessarily exclusive to the extent of the privilege thus 
conferred. When a grant has once been made by legislative auihority to the extent of the rights 
conferred, 'the power which made it is expended, and it cannot be taken back, or transferred to 
another, until the public interests and welfare shall demand its resumption, and provision shall 
have been made for just compensation to the owner, in the manner required by law. Mills v. 
County of St. Clair, 2 Gilm. R., 197. 

A license to fceep a ferry "between certain points, extending three miles on a river, is 
not exclusive to that extent, but authorizes the establishment of a ferry from any point within the 
three miles ; and when established, other ferries may be be established within the same limits, so 
that thev do not interfere with the ferry ways of the ferry just established. Gales v. Anderson, 13 
111. R., 413. 

A ferry franchise is in the nature of real estate property, and can only be transferred 
in accordance with the provisions of the statute in reference to conveyances. Dundy v. Chambers, 
23 111. R., 369. 

A person operating a ferry under a special charter, has no right to seize a rival 
ferry-boat, as forfeited to him under the general law ; a forfeiture must be declared by some ju- 
dicial proceeding before the complaining party can take the rival ferry-boat into his possession. 
Geary. Bullerdick, 34 111. R., 75. 



DIY. I.] ANNEXING AND EXCLUDING TERRITORY. 117 

voters, and by the owners of not less than three-fourths (in value) 
of the property in any territory contiguous to any city or incor- 
porated village or town, and not embraced within its limits, the 
city council or board of trustees of said city, village or town (as 
the case may be) may, by ordinance, annex such territory to such 
city, village or town, upon filing a copy of such ordinance, with 
an accurate map of the territory annexed (duly certified by the 
mayor of the city or president of the board of trustees of the 
village or town), in the office of the recorder of deeds in the 
county where the annexed territory is situated, and having the 
same recorded therein : Provided, that no portion, less than the 
whole of an incorporated city, town or village, shall be annexed 
to another incorporated city, town or village, except in the mode 
provided in this act for the annexation of the whole of an incor- 
porated city, town or village, to another city, town or village. (1) 

196. Annexing one corporation to another.] § 2. Any incor- 
porated city, village or town may be annexed to another incorpora- 
ted city, village or town, by ordinance passed by a two-thirds vote 
of all the aldermen or trustees elect of each corporation desiring 
annexation : Provided, such annexation shall not affect or impair 
any rights or liabilities either in favor of or against such corpora- 
tions ; and suits founded upon such rights and liabilities may be 
commenced, and pending suits may be prosecuted and carried to 
final judgments and execution, the same as if such annexation 
had not taken place. In making such annexation, the corpora- 
tions so uniting may, by ordinance, fix the terms of the annexa- 
tion, which shall have the force and effect of a binding contract : 
Provided, hoiuever, that no such ordinance shall be of any binding 
force or effect until submitted to a vote of the legal voters of such 
city, town or village, at a general election thereof, and adopted by 
a majority of all the voters voting thereon at such election, notice 
of which shall be given at the same time and in the same manner 
as required for the election of the officers of such city, town or 
village : And, provided, also, that the vote shall be by ballot, which 
shall be "for union ordinance," or " against union ordinance," and 
shall be received, canvassed and returned the same as ballots for 
municipal officers of such city, town or village. 

197. Proceedings by corporation to annex territory.] § 3. When 

(1) See forms under the above section, Div. II, post. 

Where a charter of a city, existing at the adoption, of the constitution of 1870, 

provided that any tract of land adjoining such city, laid off into city or town lots, a plat of which 
was duly recorded, should be a part of a city, provided the city council should so declare, and in 
1875 the city council so declared said tract of land a part of said city, it was held, that the action 
of the city council was lawful, and such territory thereby became a part of the city. Covington 
v. City of East St. Louis, 78 111. R., 548. 



118 CITIES AND VILLAGES. [DIV. I. 



any incorporated city, tillage or town shall desire to annex any 
contiguous territory thereto, and the same shall not have been peti- 
tioned for as provided in section one of this article, it shall be law- 
ful for the city council or board of trustees of such city, village or 
town, by a two-thirds vote of all the aldermen or trustees elect, by 
ordinance or resolution, to authorize the mayor of such city or 
the president of the board of trustees of such village or town, to 
petition the circuit court of the county in which the territory de- 
sired to be annexed or a major part thereof is situated, praying 
such annexation to be made. The petition shall contain a copy of 
such ordinance, or resolution, and an accurate map of the territory 
which it is desired to annex, showing all such subdivisions that 
shall have been made therein. Such petition shall be filed with 
the clerk of the court at least ten days before the first day of the 
term at which it is proposed to be heard: Provided, that nothing 
in this section contained shall authorize said petition to be filed, 
unless the territory so sought to be annexed (except territory in- 
tervening between a city and town, or two or more cities or towns, 
desiring to become united under this act,) shall contain an actual 
resident population of at least one hundred and fifty inhabitants to 
each section or fractional part of a section so sought to be annexed 
— which said fact shall be alleged in said petition and proved on the 
hearing thereof, the same as any other allegation in said petition. (1) 
198. Notice of proceedings.] §4. When it shall be determined 
to present such petition, the mayor or president of the board of trus- 
tees (as the case may be) shall cause notice of the time and place 
where and when the petition will be or has been filed, and at what 
term of court the hearing thereof will be had, and setting forth the 
boundaries or a general description of the territory proposed to be 
annexed — to be given by publication at least once in each week, 
for two successive weeks, in some newspaper published in the 
county where the petition is filed or to be filed (or, if no newspaper 
is published in such county, then in the nearest newspaper pub- 
lished in this state), and by posting up notices at least fourteen 
days before such time of hearing, in at least three of the most pub- 

(1) The act providing for annexing and excluding territory to and from 
cities, towns and villages approved April 10. 1872, so far as it attempts to confer power on the 
courts to change the boundaries of such municipal bodies, by annexing or disconnecting terri- 
tory, is unconstitutional, such acts being in their nature legislative, not judicial acts. The same 
power cannot be either legislative or judicial, as the legislature may be disposed to retain it or 
surrender it to the judiciary. If the boundaries of municipal corporations can be altered and 
changed by the legislature at discretion, and the authorities are to that effect, then the courts 
cannot be invested with such power, as it is legislative power. City of Galesburg v. Hawkinson, lb 
111. E., 152 

Held, in Iowa, under a similar statute, that such provision is not liable to the constitutional 
objection that it confers legislative power upon the circuit court, or that the power to be exercised 
under it is the creation of a corporation. Burlington v. Leebrick, 43 Iowa R.. 252. 



DIV. I.] ANNEXING AND EXCLUDING TERRITOEY. 119 

lie places in the territory proposed to be annexed, and a like num- 
ber in the city village or town to which it is desired to annex such 
territory. (1) 

199. Objections to annexation — Trial.] § 5. The legal voters 
resident upon the territory thus proposed to be annexed, or any 
of them, or any owner of land therein, or any voter of such 
city, village or town, may appear at such hearing, and show 
cause why such annexation should not be made; and the 
court, or jury impaneled for that purpose (no member of the 
jury so impaneled shall be a resident of the corporation or ter- 
ritory to be annexed, nor of the town or towns in which said cor- 
poration or territory may be situated,) shall hear all competent 
evidence that may be offered by either party ; and the court may 
continue the hearing from time to time, for any cause, and make 
all proper orders in regard to the hearing, giving of notices and 
other disposition of the case. 

200. Finding — Costs s etc.] § 6. If, upon the hearing, the court 
or the jury shall find that such territory ought to be annexed to 
such city, village or town, and can be so done without injustice to 
the inhabitants or persons interested, the court shall so order. If 
the court or juiy shall find against the petitioners, the petition 
shall be dismissed at the cost of the petitioners; and no subsequent 
petition shall be presented for the annexation of any of the terri- 
tory embraced in such petition, within one year from the time of 
entering such order : Provided, that new trials may be granted as 
in other jury cases. 

201. Proceeding by owner to be annexed.] § 7. When not 
less than a majority in number of the legal voters or the owner or 
owners of any tract or tracts of land, contiguous to any incor- 
porated city, village or town, shall, by petition in writing, signed 
by them, and filed in the circuit court of the county where such 
territory or a major part thereof is situated, pray to be annexed 
to such city, village or town, the like proceedings may be had 
thereon, and with the like effect, as in case of a petition by a city, 
village or town : Provided, a copy of the notice required to be 
given shall be left with the mayor of such city, or president of such 
village or town, at least ten days before such petition is heard. (2) 

202. Proceedings to disconnect.] §8. Whenever a majority of 
the legal voters of any territory within any cit}^ town or village, 
and being upon the border and within the boundary thereof, shall 
petition the circuit court of the county in which such city, town or 

(1) See form of notice, Div. II, post. 

(2) See form of petition, Div. II, post. 



120 CITIES AND VILLAGES. [DIY. I. 

village is situated, praying to be disconnected therefrom, such pe- 
tition shall be filed with the clerk of the court at least ten days 
before the first day of the term at which it is proposed to be heard, 
and like proceedings shall be had as is required by sections four, 
five and six of the act for the annexation of territory to such city, 
town or village : Provided, that the provisions of this section shall 
only apply to lands not laid out into city or town lots or blocks. (1) 

203. Map and ordinance recorded.] § 9. When any territory 
is annexed to any city, village or town, as provided in this act, it 
shall be the duty of the mayor of the city, or the president of the 
board of trustees of the village or town, (as the case may be,) to 
cause an accurate map of such added territory, together with the 
ordinance for the annexation, certified by such mayor, and if a de- 
cree or order of the court has been made therefor, a copy of the 
same, to be filed for record and recorded in the recorder's office 
for the county in which such added territory is situated. If terri- 
tory is disconnected or excluded from any city, village or town, a 
copy of the ordinance or decree therefor shall be so filed for record 
and recorded. 

204. School districts.] § 10. All school districts, and other 
corporations incorporated for school purposes, under special acts 
of the legislature, desiring to annex or disannex territory, may pro- 
ceed under the provisions of this act. [See Rev. Stat., "Schools," 
ch. 122, § 33. 

205. Judicial notice.] § 11. All courts in this state shall take ju- 
dicial notice of cities, towns and villages, and of the changes of their 
territory, made under the provisions of this act. 



IV. CHANGING NAME. 

AN ACT to enable any city, town or village in this state to change its name. [Approved March 
7,1872. In force July 1, 1872, Rev. Stat., 246. 

206. Petition. 

207. Proceedings. 

208. Duty of secretary of state. 

209. Time of hearing to be fixed — notice. 

210. Hearing petition and remonstrances. 

211. Order filed with secretary of state — notice. 

212. Bights saved. 

213. When change void. 

214. Name of unincorporated town, etc. 

200. Petition.] § 1. That whenever a petition, signed by the 
qualified electors of any city, incorporated town or incorporated 



(1) See form of petition, Div. II, post. 



DIY. I.] CHANGING NAME. 121 

village of this state, equal in number to one-half of those who 
voted for the officers therein at the last election, shall be presented 
to the corporate authorities of such city, town or village, praying 
that the name of such city, town or village may be changed, it shall 
be lawful for such corporate authorities to make such change in 
the manner hereinafter prescribed. (1) 

207. Proceedings.] § 2. Previous to the presentation of the 
petition in the preceding section mentioned, the name proposed 
to be given to such city, town and village shall be filed in the 
office of the secretary of state, to be there retained for the period 
of at least sixty days, and upon application, the secretary of state 
shall, at any time after the filing of such name, grant a certificate, 
stating that such name has not been given to any other city, in- 
corporated town, or incorporated village, or municipality in this 
state, if such be the fact ; but if such name has been adopted by 
any other city, town, village or municipality, as appears from in- 
formation in his office, the secretary of state shall so notify the 
party or parties making such application, in which case another 
name shall be filed in his office, which name shall likewise remain 
for the like period of sixty days ; and no petition shall be acted 
upon by said corporate authorities unless accompanied by the 
certificate of the secretary of state, setting forth that such name 
has not been adopted elsewhere in this state. 

208. Duties of secretary of state.] § 3. The secretary of state 
shall, as soon as practicable after the passage of this act, com- 
municate with the clerks of the several counties of this state, and 
ascertain the names of all the cities, towns, villages or other 
municipal corporations therein, and arrange such names in alpha- 
betical order for convenient reference. Such list of names shall 
be kept filed in his office, and shall be changed whenever a change 
of name shall be effected under the provisions of this act. 

209. Time of hearing to be fixed — Notice.] § 4. At any meet- 
ing of the corporate authorities of any cit} r , incorated town or in- 



(1) See form of petition for change of name, Div. II, post. 

The name of an incorporated place may be changed, its boundaries enlarged 
or diminished, and its mode of government altered, and yet the corporation not be dissolved, 
but in law remain the same. Dillon on Mun. Corp., § 115. 

Every corporation must have a name. This is essential to distinguish it from other 
corporations. If a particular name be given to a corporation in its charter, the corporation can 
no more change it at its pleasure, without legislative sanction, than a man can change his bap- 
tismal name. If no name be given to a corporation it may obtain one by implication. Dillon on 
Mun. Corp.. g 117. The general rule is that where a name is given to a municipal corporation by 
charter or by statute, this cannot be changed by the act of the corporation. See Dillon on Mun. 
Corp.. 1 120. 

Where an act of the legislature authorized any existing town or city to adopt 
the provisions thereof in place of its special charter, and was silent as to the corporate name after 
the change was made, it was held that the former name was retained. Dillon on Mun. Corp., 
1 119. 



122 CITIES AND VILLAGES. [DIY. I. 

corporated village, after the presentation of the petition herein 
provided, such corporate authorities shall fix the time when such 
petition shall be considered, and order notice of the presentation 
thereof to be given, by publishing such notice for three successive 
weeks in some newspaper having a general circulation in such 
city, town or village. Such notice shall state that a change of the 
name of such city, town or village has been prayed for, and the 
time when action on said petition will . be had, at which time re- 
monstrances, if any, will be heard. (1) 

210. Hearing petition and remonstrances.] § 5. At the time 
fixed in the notice provided for in the preceding section, or if, 
from any cause, action thereon is not taken, such petition praying 
for a change of name shall be, with all remonstrances, heard at 
any subsequent meeting of the corporate authorities of any such 
city, town or village ; and if said corporate authorities are satisfied 
that such change of name is necessary and proper, they shall 
thereupon make an order changing the name of such city, town 
or village, and adopting the name prayed for in such petition. 

211. Order filed with secretary of state— Notice.] § 6. If said 
change of name is made, said corporate authorities shall caut-.e a 
copy of the order making such change to be filed in the office of 
the secretary of state, who shall thereupon make known the fact 
of such change, by publication in some newspaper of the county 
in which such city, town or village is situated, and also in some 
newspaper in the city of Chicago ; and all the courts of this state 
shall take judicial notice of the change thus made. 

212. Eights saved.] § 7. Nothing in this act contained shall 
affect the rights or privileges of such city, town or village, or those 
of any person, as the same existed before such change of name. 
And all proceedings pending in any court or place in favor of or 
against said city, town or village, may be continued to final con- 
summation under the name in which the same was commenced, 

213. When change void.] § 8. If the name of any such city, 
town or village shall be changed contrary to or without complying 
with the provisions of this act, such change shall be void ; and all 
proceedings instituted or acts done in such name as changed, shall 
be void and held for naught in the courts of this state. 

214. Name of unincorporated towns, etc.] § 9. When the 
plat of any unincorporated town or village shall be placed upon 
record in any county of this state, the circuit court of said county 
shall have power, at any regular term of said court, to change the 

(1) See forms under the above section, Div. II, post 



DIV. I.] TERRITORIAL JURISDICTION. 123 

name of such unincorporated town or village, upon the petition of 
a majority of the legal voters residing within the limits of such 
town or village : Provided, notice of the proposed change of name 
shall be filed in the office of the secretary of state, as provided in 
section two of this act.(l) 



V. TERRITORIAL JURISDICTION. 

AN ACT to define the jurisdiction of the cities and incorporated towns bordering on the Ohio 
river. [Approved March 26, 1872. In force July 1, 1872. L. 1871-2, p. 578. Rev. Stat., 248.] 

215. Over Ohio River. 

216. To enforce ordinances on boats, etc. 

215. Over Ohio river. J § 1. That each of the several cities 
and incorporated towns of this state, lying on the Ohio river, and 
bounded thereby, are hereby invested with jurisdiction over their 
river fronts, and shall have jurisdiction over the waters of said 
river, in all cases occurring on said river, and opposite to each of 
said cities or incorporated towns, co-extensive with the jurisdic- 
tion of the several counties in this state in which said cities or 
incorporated towns may lie : Provided, nothing herein contained 
shall be construed so as to extend the jurisdiction of said cities or 
incorporated towns over any islands in said river included within 
the corporate limits of any county in the state of Kentucky. [See 
§ 44, 71. 

AN ACT to extend the jurisdiction of towns and cities on any river within or on the borders of 

this state, for the purpose of police regulations. [Approved and in force 

Feb. 15, 1865. L. 1865, p. 111.] 

216. To enforce ordinances on boats, etc.] § 1. That cities 
and towns on any river within or on the borders of this state, 
shall have the right to extend and enforce their ordinances so as 
to include any boat or other floating structure, which shall be kept 
within two miles of the city or town limits, as a place for drinking 
spirituous liquors, or for gaming, or for the purpose of prostitu- 
tion : Provided, no authority shall be given by this law, beyond 
what the law now authorizes, to interfere with any steamer or 
other boat, the usual business of which is the carrying of freight 
or passengers. [See § 44, 71. 



(1) See form under the above secction, Div. II, post. 



124 CITIES AND VILLAGES. [DIY. I. 

VI. HOUSES OF ILL-FAME. 

AN ACT to prevent the licensing of houses of ill-fame, and the official inspection or medical 

examination of the inmates thereof, in the incorporated cities, towns and villages of 

this state. [Approved and in force March 27, 1874. Rev. Stat., 248. J 

217. Licensing and medical inspection forbidden. 

218. Emergency. 

217. Licensing and medical inspection forbidden.] § 1. That 
it shall be unlawful for the corporate authorities of any city, town 
or village in this state to grant a license to any person, male or 
female, to keep what is known as a house of ill-fame or house of 
prostitution. And it shall be unlawful for any board of health (or 
any member or employee of the same) now existing, or which may 
hereafter exist under the laws of this state, to interfere in the man- 
agement of any house of ill-fame or house of prostitution, or to 
provide in any manner for the medical inspection or examination 
of any inmate of the same. [See § 62, item 45. 

218. Emergency.] § 2. Whereas, the legislative authorities of 
certain cities in this state are about to license houses of ill-fame, 
therefore an emergency exists why this act should take effect im- 
mediately : therefore, this act shall take effect and be in force from 
and after its passage. 



VII. LEASING LANDINGS AND LEVEES. 

AN ACT to authorize incorporated cities, towns or villages in this state, situated upon tha 

hanks of navigable rivers, to lease parts of their public landings or levees. [Approved 

March 31, 1874. In force July 1, 1874. Kev. Stat, 249. 

219. When landings and levees may be leased. 

220. What lands — when lease takes effect— definition — resolution. 

219. When landings and leyees may be leased.] § 1. That 
whenever, in the opinion of the legislative authority of any incor- 
porated city, or of the president and board of trustees of any 
incorporated town or village of this state, situate upon the banks 
of any navigable river, the lands acquired and owned by any such 
city, town or village, for the purpose of a public landing or public 
levee, are not immediately required for such purpose, then any 
such city, town or village may lease such parts of such landing or 
levee as may be thought best by the legislative authority of such 
city, or president and board of trustees of such town or village, 



DIV. l] police magistrates. 125 



for the purpose of erecting manufactories, warehouses or grain 
elevators thereon : Provided, no such lease shall extend beyond 
the period of twenty-five years from its execution. See § 62, items 
32, 33. 

220. What lands — When lease may take effect — Definition — 
Restriction.] § 2. That the right of any such city, town or village 
to lease any part of the land in the foregoing section, shall em- 
brace all such lands as may have been conveyed to the same : 
Provided, however, no such lease shall take effect or be in force 
until approved by an order, resolution or ordinance of the legisla- 
tive authority of such city, or president and board of trustees of 
such town or village. The words " legislative authority," when 
used in this act, shall be held to include the common council. The 
provisions of this act shall not apply to cities having over one 
hundred thousand inhabitants. 



VIII. POLICE MAGISTRATES. 

AN ACT to authorize the election of police magistrates in towns, cities and villages where the 

same are not now provided for bv law. [Approved and in force April 13, 

1875. L. 1875, p. 91.J 

221. Election, jurisdiction and term. 

222. Emergency. 

221. Election^ jurisdiction and term.] § 1. That all towns, 
cities and villages in the state which have been incorporated under 
charters granted by special acts, or under a general act, when the 
law under which they are incorporated does not authorize the 
election of a police magistrate, be and they are hereby authorized 
to elect one police magistrate at the first annual election of town, 
city or village officers that shall occur after the passage of this 
act, and quadrennially thereafter. Such police magistrates shall 
hold their offices for the same term, be commissioned and quali- 
fied, and have the same jurisdiction and fees, as police magistrates 
of villages have under the general law for the incorporation of 
cities and villages. 

m 222. Emergency. § 2. As the first annual election of town, 
city, and village officers in many of the towns, cities and villages 
in this state by this act authorized to elect a police magistrate, 
will occur before the first day of July next, after the adjournment 
of this general assembly ; therefore an emergency exists requiring 
this act to take effect immediately, therefore this act shall take 



126 CITIES AND VILLAGES. [DIV. I. 

effect and be in force from and after its passage. Provided, that 
the election for police magistrates in cities that have one or more 
police magistrates, elected under a former organization as a town 
or city, shall not be held until the term for which said police mag- 
istrate or magistrates were elected has expired. (1) 



IX. POLICE AND FIREMEN'S RELIEF FUND. 

AN ACT for the relief of disabled members of the police and fire departments in cities and 
villages. [Approved May 24, 1877. In force July 1st, 1877. L. 1877, p. 62.] 

223. How fund created. 

224. Mayor, etc., trustees of fund. 

225. Board to control fund. 

226. Treasurer to keep fund — bond. 

227. Warrants drawn on treasurer. 

228. Permanent disability — death — annuity. 

229. How money paid out. 

223. How fund created.] § 1. That one-fourth of all the 
rates, taxes and license fees which are or may be hereafter re- 
quired by law to be paid by corporations, companies or associa- 
tions not incorporated under the laws of this state, engaged in any 
village or city in this state effecting fire insurance, and all moneys 
received from fines inflicted upon members of the police and fire 
departments for a violation of the rules and regulations of the 
service, and all fines recovered because of conviction for a viola- 
tion of the fire ordinances, and all moneys accruing from the sale 
of unclaimed stolen property, shall be set apart by the treasurer 
of the city or village, to whom the same shall be paid as a fund 
for the relief of disabled members of the police and fire depart- 
ments of such city or village. 

224. Mayor, etc., trustees of fund.] § 2. The mayor or pres- 
ident of the board of trustees, the marshal or chief officer of the 
police department, chief officer of the fire department and the 
chairman of the committee on police and the committee on fire 



(1) A police magistrate is a law officer of justice, who holds or presides at a police 
court, a court established for the administration of justice within and for a municipal corpora- 
tion. Courts of this kind are of ancient origin, and in the lapse of time they have become a 
necessary incident to every municipal corporation. A municipal corporation might, at common 
law, enjoy the franchise of holding a court; and corporation or municipal courts, which were of 
local or inferior jurisdiction, were not uncommon. See Haines' Treatise, subject •' Police Mag- 
istrates," p. 965, ch. I. 

On the subject of police magistrates in general, their election and qualification, jurisdiction 
and duties and forms of proceeding, see Haines' Treatise, new edition, part VI. 



DIY. I.] POLICE AND FIREMEN'S RELIEF FUND. 127 

and water of the city council or board of trustees of the city or 
village, shall constitute and be a board by the name of the trus- 
tees of the police and firemens's relief fund. The said board shall 
select from their number a president and a treasurer, and may 
appoint a clerk or secretary. 

225. Board to control fund.] § 3. The said board shall have 
the exclusive control and management of the fund mentioned in 
the first section of this act, and of all moneys donated, paid or 
assessed for the relief of disabled policemen or firemen, and shall 
have the power to assess each and every member of the police 
and fire departments of such city or village not to exceed the sum 
of five dollars ($5.00) per annum, which shall be received and held 
by the treasurer of said relief fund in like manner as the other 
moneys herein provided to be paid to him ; and any member of 
such police and fire departments who shall not within one month 
after the notice in writing to him from said board of the assess- 
ments against him, pay the same, shall not be entitled to or receive 
any benefit under this act. The said board may make all needful 
rules and regulations for its government in the discharge of its 
duties, and shall hear and decide all applications for relief under 
this act, and its decisions on such applications shall be final and 
conclusive, and not subject to review or reversal except by the 
board : Provided, That nothing herein contained shall render the 
payment of any sum of money or annuity which may be 
awarded by the board obligatory on the board, or chargeable 
against it as a legal right ; but the board may at any time in its 
discretion, order that such sums of money or annuity shall be 
reduced, or that payment of the same shall not be made. The 
board shall cause to be kept a record of all its meetings and pro- 
ceedings. 

226. Treasurer to keep fund— Bond.] § 4 The treasurer of 
the board shall be the custodian of the fund in the first section of 
this act mentioned, and of all moneys donated, paid or assessed 
towards or on account of the relief fund hereby created, and shall 
secure and safely keep the same, subject to the control and direc- 
tion of the board, and shall keep his books and accounts in such 
a manner as may be prescribed by the board, and the same shall 
always be subject to the inspection of the board, or any member 
thereof. The treasurer shall, within ten (10) days after his elec- 
tion or appointment, execute a bond to the city or village, as the 
case may be, with good and sufficient securities in such penal sum 
as the board may 4 direct, to be approved by the board, conditional 
for the faithful performance of the duties of his office, and that 
he will safely keep and well and truly account for all moneys and 



128 CITIES AND VILLAGES. [DIY. I. 

property wliicli may come to liis hands as such treasurer, and that 
on the expiration of his term of office he will surrender and deliver 
over to his successor all unexpended moneys and all propertv 
which may have come to his hands as such treasurer. Such bond 
shall be filed in the office of the clerk of such city or village, and 
in case of a breach of the same, or the conditions thereof, suit 
may be brought on the same in the name of such city or village, 
for the use of said board or of any person or persons injured by 
such breach. 

227. Warrants drawn on treasurer.] § 5. It shall be the duty 
of the mayor and clerk, or the comptroller if there be one, and the 
officer or officers of such city or village who are, or may be author- 
ized by law to draw warrants upon the treasurer of such city or 
village, upon request made in writing by said board, to draw war- 
rants upon the treasurer of such city or village, payable to the 
treasurer of said board, for the fund set apart by such city or 
village treasurer as prescribed by the first section hereof. 

228. Permanent disability— Death— Annuity.] § 6. "When, in 
the judgment of the board, a sufficient amount shall have accum- 
ulated in said fund to justify the application thereof to the use for 
which the same is hereby created, if any member of the police or 
fire departments, while in the actual performance of duty, shall 
become permanently disabled, so as to render proper his retire- 
ment from membership, a sum not exceeding six hundred dollars 
($600) per annum, or such less sum as, in the judgment of the 
board, the fund will justify, shall be paid to such member out of 
said fund ; or if any member, while in the actual discharge of duty, 
shall be killed, or shall die from the immediate effects of an injury 
received by him while in such discharge of duty, or shall die after 
ten years' service in the police or fire departments, and while still 
in the service of the same, and shall leave a widow, or if no widow, 
any child or children under the age of sixteen (16) years, a sum 
not exceeding six hundred dollars ($600) per annum, or such less 
sum as, in the judgment of the board, the condition of the fund 
will justify, shall be paid to such widow so long as she shall remain 
unmarried, or to such child or children while under the age of 
sixteen years. 

229. How money paid out] § 7. All moneys ordered to bo 
paid from said relief fund to any person or persons, shall be paid 
by the treasurer of said board only upon warrants signed by the 
President of the board and countersigned by the Secretary, if there 
be one, and no warrant shall be drawn except by order of the 
board duly entered in the record of the proceedings of the board. 
In case the said relief fund or any part thereof shall, by order of 



DIY. I.] water works. 129 

tlie said board or otherwise, be deposited in any bank or loaned, all 
interest on money which may be paid, or agreed to be paid, on 
account of any such loan or deposit, shall belong to and constitute 
a part of said fund ; Provided, that nothing herein contained shall 
be construed as authorizing the said treasurer to loan the said fund 
or any part thereof, unless so authorized by said board. 

[Note. — The foregoing act is in place of that of March 24, 1874, on the 
same subject. See Rev. Stat., 1874, p. 249.] 



X. WATER WORKS. 

AN ACT authorizing cities, incorporated towns and villages to construct and maintain water 
works. [Approved and in force April 15, 1873. Rev. Stat., 250.] 

230. Power to supply water — letting contracts. 

231. Borrow money — tax. 

232. May acquire property for works, etc. 

233. Rules — tax — assessment — lien. 

234. Special assessments. 

235. Separate funds. 

236. When act not apply. 

237. Emergency. 

238. Bond — assessments payable by installments. 

239. When installments to be paid — interest. 

240. Applies to assessments already ordered. 

241. Emergency. 

242. Power to contract for water. 

243. Tax. 

t 230. Power to supply water— letting contract] § 1. That all 
cities, incorporated towns and villages in this state be and are hereby 
authorized, and shall have power to provide for a supply of water for 
the purposes of fire protection, and for the use of the inhabitants of 
such cities, incorporated towns or villages, by the erection, construc- 
tion [and] maintaining of a system of water works : Provided, that 
all contracts for the erection or construction of any such works, or 
any part thereof, shall be let to the lowest responsible bidder there- 
for, upon not less than three weeks' public notice of the terms and 
conditions upon which the contract is to be let having been given, 
by publication in a newspaper published in such city, town or vil - 
lage; or if no newspaper is published therein, then "in some news- 
paper published in the county : And, provided, further, that no 
member of the city council or board of trustees, or mayor, shall be 
directly or indirectly interested in any such contract ; and in all 

9 



130 CITIES AND VILLAGES. [DIV. I. 

cases the council or board of trustees, as the case may be, shall 
have the right to reject any and all bids that may not be satisfac- 
tory to them.(l) [See § 169-171. 

231. Borrow money — Tax.] § 2. Such cities, incorporated 
towns and villages may borrow money and levy and collect a gen- 
eral tax in the same manner as other municipal taxes may be lev- 
ied and collected for the erection, construction and maintaining of 
such water works, and appropriate money for the same. [See § 
62, item 3. 

232. May acquire property for works, etc.] §3. For the pur- 
pose of erecting, constructing, locating, maintaining or supplying 
such water works, any such city, incorporated town or village may 
go beyond its territorial limits, and may take, hold and acquire 
property and real estate, by purchase or otherwise : and shall also 
have the power to take, hold and acquire and condemn any and 
all necessary property and real estate for the location, erection, 
construction and maintaining of such water works, in the manner 
provided for the taking and condemning of private property for 
public use ; and may also acquire and hold real estate and other 
property and rights necessary for the location, erection, construc- 
tion and maintenance of such water works, by purchase or other- 
wise ; and the jurisdiction of such city, town or village to prevent 
or punish any pollution or injury to the stream or source of water 
for the supply of such water works, shall extend ten miles beyond 
its corporate limits. [See § 170, also, Rev. Stat., "Eminent Do- 
main," ch. 47. 

233. Rules — Tax — Assessment — Lien.] § 4. The common 
council of such cities, or trustees of such towns or villages, shall 
have power to make aud enforce all needful rules and regulations 
in the erection, construction and management of such water works, 
and for the use of water supplied by the same. And such cities, 
towns and villages shall have the right and power to tax, assess 
and collect from the inhabitants thereof such tax, rent or rates for 
the use and benefit of water used or supplied to them by such 
water works, as the common council or board of trustees, as the 
case may be, shall deem just and expedient. And all such water 



(1) A city having power to pass ordinances respecting the police of the place, 
and to preserve health, is authorized as a sanitary and police regulation, to contract to procure a 
supply of water, by boring an artesian well, or otherwise, on the public square, and is the iudge 
of the mode best adapted to accomplish the object. Dillon on Man. Corp., $ 97. 

Under general authority to make all contracts necessary for its welfare, a city may 
contract for water works. Dillon on Man. Corp., note to section 371. 

It is an authorized and frequently wise and just exercise of the right of eminent 
domain, to empower towns and cities to take, upon compensation being made, private property 
for the purpose of supplying inhabitants with pure water. This is clearly a public use. Dillon 
on Mun. Corp., g 462. 



DIV. I.] WATEE WORKS. 131 

taxes, rates or rents shall be a lien upon the premises and real 
estate upon or for which the same is used or supplied. And such 
taxes, rents or rates shall be paid and collected, and such lien en- 
forced, in such manner as the common council shall, by ordinance, 
direct any provide. (1) [See § 171. 

234. Special assessment] § 5. The expense of locating, erect- 
ing and constructing reservoirs and hydrants for the purpose of 
fire protection, and the expense of constructing and laying water 
main pipes, or such part thereof as may be just and lawful, may 
be assessed upon and collected from the property and real estate 
specially benefitted thereby, if any, in such manner as may be 
provided for the making of special assessments for other public 
improvements in such cities, towns or villages. [See § 133 seq. 

235. Separate fund.] § 6. All the income received by such 
cities, towns or villages from such water works, from the payment 
and collection of water taxes, rents or rates, shall be kept in a sep- 
arate fund, and shall first be applied in the payment and discharge 
of the costs, interest on bonds or money borrowed and used in 
the erection and construction of such water works and running 
expenses thereof. And any surplus may be applied in such man- 
ner as the common council or board of trustees may direct. 

236o When act not apply.] § 7. The provisions of this act 
shall not apply to cities, towns or villages in which water works 
are now managed or controled by a board of public works. 

237. Emergency.] § 8. Whereas many of the cities embraced 
in this act are entirely without adequate protection from fires, and 
are without lawful authority to provide the necessary means of 
protection authorized by this act ; therefore an emergency exists 
that this act should take effect immediately ; therefore, this act 
shall take effect and be in force from and after its passage. 

AN ACT to provide for the laying of water supply pipe by bonds and special assessment, paya- 
ble in installments. [Approved and in force March 17, 1874. Rev. Stat., 251.J 

238. Bonds— Assessments payable in installments.] §1. That 
whenever the corporate authorities of any city, town or village 

(1) A regulation of a l>oard of public works requiring citizens desiring to use the 
water of the city flowing through the mam pipes, to lay down at their own expense the necessary 
service pipe from their lots to the main pipe, is just and reasonable, and in accordance with the 
principle upon which special assessments on account of special benefits are founded. Prindevitte 
v. Jackson, et al., 79 111 K., 337. 

Where a regulation exists, and a city lays down main pipes, and for the pur- 
pose of avoiding the tearing up the pavement of the street in future, lavs service pipes from the 
mam pipe to the lots abutting on the street, this does not entitle any citizen to the free use there- 
of, but the city has the right to require lot owners using the same, to refund to the city the cost 
ol laying it. Prindcvlllc v. Jackson ct al., 79 111. R., 337. 



132 CITIES AND TILLAGES. [DIY. I. 

shall provide, by ordinance, for the laying of water supply pipes, 
to be paid for by a special assessment to be made under the pro- 
visions of article nine of the act of the general assembly, entitled 
"An act to provide for the incorporation of cities and villages," 
approved April 10, A. D. 1872, such corporate authorities may, in 
their discretion, provide in such ordinance, or by an ordinance to 
be adopted at anj time prior to the issuance of the warrant to the 
collector for the collection of such assessment, that the amount of 
the estimated cost of such improvement shall be provided for in 
the following manner, to-wit : That bonds of the city, town or vil- 
lage, as the case may be, shall be issued for such portion of the 
estimated cost of such improvement as shall be apportioned to 
the city, town or village as public benefit, payable at such time or 
times, within twenty years, as may be provided by said ordinance, 
or it may in such ordinance be provided that all or any portion of 
the amount, so apportioned as public benefits, may be made by 
general taxation in accordance with the provisions contained in 
said article nine, and that the portion of said estimated cost which 
shall be assessed upon property specially benefitted, shall be pay- 
able in such annual installments, not exceeding ten in number, as 
may in such ordinance be prescribed : Provided, that nothing in 
this section shall au horize any city, town or village to issue such 
bonds to an amount, including all existing indebtedness, in excess 
of the charter, statutory or constitutional limitation of the indebt- 
edness of such city, town or village. 

239. When installments payable — Interest.] § 2. Whenever 
such corporate authorities shall have provided by ordinance for 
the making of such improvement in the manner prescribed in sec- 
tion 1 of this act, the first installment of the amount assessed 
upon property specially benefitted shall be paj^able immediately 
upon the issuance, by the clerk of such city, town or village, of 
his warrant to the collector, and the subsequent installments shall 
be payable annually thereafter, with interest until paid, at such 
rate as shall be prescribed in such ordinance, not exceeding ten 
per cent, per annum. 

240. Applies to assessments already ordered.] § 3. This act 
shall apply to assessments already ordered for the purpose set 
forth in section 1 of this act, and to the ordinances in relation 
thereto, as well as to ordinances hereafter to be adopted. 

241. Emergency. § 4. "Whereas certain cities, towns and vil- 
lages are about to lay water supply pipe, and are desirous of avail- 
ing themselves of the provisions of this act, therefore an emergency 
is declared to exist, and this act shall take effect and be in force 
from and after its passage. 



DIY. 1.1 SALAKIES OF CITY OFFICERS. 133 



AX ACT to enable cities and villages to contract for a supply of water for public use, and to levy 

and collect a tax to pav for water so supplied. [Approved April ( J, 1S72. In force 

July 1, 1872. L. 1871-2. p. 271. Rev. Stat., 252.] 

2-12. Power to contract for water.] § 1 Tliafc in all cities 
and villages where water works may hereafter be constructed by 
an incorporated company, the city or village authorities in such 
cities and villages may contract with such incorporated company 
for a supply of water for public use, for a period not exceeding 
thirty years. 

243. TaXc] § 2. Any such city or village so contracting may 
levy and collect a tax on all taxable property v/ithin such city or 
village, to pay for the water so bupplied. 



XI. SALARIES OF CITY OFFICERS. 

AN ACT to enable the corporate authorities of cities to establish and fix the salaries of city 
officers. [Approved and in force April 23, 18/3. Rev. Stat., 252.] 

244. When to be fixed — not changed during term. 
245 Emergency. 

24:4. When to be fixed — Not changed during term.] § 1. It 

shall and may be lawful for the common council or legislative au- 
thority of any city in this state to establish and fix the amount 
of salary to be paid any and all city officers, as the case may be, 
except members of such legislative body, in the annual appropria- 
tion bill or ordinance made for the purpose of providing for the 
annual expenses of any such city, or by some ordinance prior to 
the passage of such annual appropriation bill or ordinance ; and 
the salaries or compensation thus fixed or established, shall neither 
be increased nor diminished by the said common council or legis- 
lative authority of any such city, after the passage of said annual 
appropriation bill or ordinance, during the year for which such 
appropriation is made, and no extra compensation shall ever be 
allowed to any such officer or emploj^ee over and above that pro- 
vided in manner aforesaid. (1) [See § 84, 85. 

(1) Tlie legislature, in tlie absence of constitutional limitation, may create and 
abolish offices, add to or lessen their duties, abridge or extend the term of office, and increase, 
diminish or regulate the compensation of officers at its pleasure. Dillon on Mun. Corp., # 168. 

A municipal corporation may, unless restrained l»y cliarter, or unless the em- 
ployment is in the nature of a contract, reduce or otherwise regulate the salaries and fees of its 
officers, according to its view of expediency and right. Although an officer may be elected or 
appointed for a fixed period, yet where he is not bound, and cannot be compelled to serve tor the 
whole time, such election or appointment cannot be considered a contract to hire for a stipulated 



134 CITIES AND VILLAGES. [l>IV. I. 

245. Emergency.] § 2. Whereas the corporate authorities of 
certain cities in this state have no power to establish or fix the 
salaries of their city officers in certain cases, whereby an emer- 
gency exists requiring this act to take immediate effect : there- 
fore, this act shall take effect and be in force from and after its 
passage. 



XII. APPOINTMENT AND REMOVAL OF CITY OFFICERS- 
MAYOR'S BILL.(l) 

AN ACT concerning the appointment and removal of city officers in all cities in this state, con- 
ferring additional powers and duties upon mayors, and concerning appropriation bills 
or ordinances that mav be passed in such cities. [Approved and in 
force April 10, 1875. L. 1875, p. 41.] 

246. Appointment and removal of city officers. 

247. Approval and veto power of mayor. 

248. Passage over mayor's veto. 

249. Emergency. 

246. Appointment and removal of city officers.] § 1. In all 

cities in this state the mayors thereof shall have power to appoint 
all city officers (whose election by the voters of such city is not 
provided for by law), by and with the consent of the city council, 
(or in case the legislative authority consists of two houses, then 
by and with the consent of the board of councilmen,) by a vote of 
the majority of all its members authorized by law to be elected, 
to be taken by yeas and nays, and entered upon its records. And 
the mayor shall also have power to remove any officer so ap- 
pointed whenever, in his opinion, the interests of the city requires 
such removal : he shall report such removal, with his reasons 



term. Ordinances fixing salaries are not in the nature of contracts with officers. Dillon on Mun. 
Corp., 1 170. 

The law, in regard to fixing the compensation of city officers, is in effect the 
same as in regard to county officers, in which the court say, that where the board has once acted 
and fixed the compensation of the county clerk, that compensation cannot be increased or 
diminished during his term. Any subsequent order of the board, increasing or diminishing the 
compensation of a county clerk, can operate only on the compensation of one whose term begins 
after the making of such order. Parcell v. Parks, 82 111. R., 346 ; Wheelock et al. v. The People, use. 
etc., 84 111. R, 551. That where the compensation of a sheriff has not been previously fixed by 
the county board, the first meeting of the board, after his election, is the proper time to fix such 
compensation. Wheelock et al. v. The People, use, etc., 8-1 111. R., 551. 

(1) The act known as the mayor's act is a temporary general law, and is not within 
the provision of the constitution prohibiting special legislation. This act is not in conflict with 
section 13, article 4 of the constitution, as embracing more than one subject. The entire act re- 
lates to a single general subject, which is sufficiently expressed in the title, namely : the duties ot 
mayors in cities, and there is nothing incongruous in its different provisions. People ex rel. v. 
Wright, 70 111. R., 388 



BIT. I.] CITY OFFICERS — MAYOE'S BILL. 135 

therefor, to the council, (or in case the legislative authority con- 
sists of two houses, then to the board of councilmen,) at its next 
regular meeting ; and if the council by a two-thirds vote shall, (or 
if the board of councilmen shall by a majority vote) of all its 
members authorized by law to be elected, by yeas and nays to be 
entered upon its record, disapprove of such removal, such officer 
shall thereby become restored to the office from which he was so 
removed ; but he shall give new bonds and take a new oath of 
office. The mayor may appoint any suitable person to discharge 
the duties of the office from which he shall have removed any 
officer, until his successor is appointed and qualified, or such offi- 
cer restored to office in the manner aforesaid. 

247. Approval and veto power of mayor.] § 2. All ordinances 
passed by the city council shall, before they take effect, be depos- 
ited in the office of the city clerk, and if the mayor approves 
thereof, he shall sign the same, and such as he shall not approve 
he shall return to the council, with his objections thereto, in writ- 
ing, at the next regular meeting of the council occurring not less 
than five days after the passage thereof. Such veto may extend 
to any one or more items or appropriations contained in any ordi- 
nance, and in case the veto only extends to a part of such ordi- 
nance, the residue thereof shall take effect and be in force ; but in 
case the mayor shall fail to return any ordinance with his objec- 
tions thereto, by the time aforesaid, he shall be deemed to have 
approved such ordinance, and the same shall take effect accord- 
ingly. (1) 

248. Passage over mayor's veto.] § 3. Upon the return of any 
ordinance by the mayor, the vote by which the same was passed 
shall be reconsidered by the council ; and if, after such reconsider- 
ation, two-thirds of all the members elected to the city council 
shall agree, by yeas and nays, to pass the same, it shall go into 
effect, notwithstanding the mayor may refuse to approve thereof. 
The vote to pass the same over the mayor's veto shall be taken by 
yeas and nays, and entered on the journal. (2) 

249. _ Emergency.] § 4. Whereas, the legislative authorities in 
many cities pass their appropriation bills before the first day of 
July next, and mayors have no power to veto a part of such appro- 
priation or ordinance, wherefore an emergency exists ; therefore, 
this act shall take effect, and be in force from and after its 
passage. 

(1) See ante p. 31, § 46. 

(2) See ante p. 31, § 47 



136 CITIES AND VILLAGES. [DIV. I. 



XIII. REBATE XNT> REDUCTION OF TAXES, ETC. 

AN ACT to prevent the unjust collection, by incorporated cities and towns, of taxes levied upon 

property destroyed by fire, and to authorize the common council of such cities, or board 

of trustees of such towns, to change or amend appropriation bills, to pass new 

appropriation bills, to reduce taxes and special assessments in certain 

cases, and to discontinue special improvements. [Approved and 

in force Jan. 18, 1872. L. 1871-2, p. 270. Rev. Stat., 252.J 

250. Rebate when property destroyed. 

251. Reduce or release tax or assessment. 

252. Emergency. 

250. Rebate when property destroyed.] § 1. That whenever, 
■in any incorporated city or town in this state, any property listed 
or assessed lor municipal taxation, shall have been or shall here- 
after be destroyed by tire, in whole or in part, before the levy of 
the municipal taxes of such city thereon, or before the municipal 
taxes levied thereon shall have been collected, it shall and may be 
lawful for the mayor of such city or town — if there be no mayor, 
then the president of the board of trustees, the city comptroller, 
if there should be one ; and if not, then the city clerk or town 
clerk, and the tax commissioner, if there should be one ; if not, 
then the chairman of the finance committee of the city council, or 
board of trustees — to rebate or remit so much of such tax or taxes, 
so levied upon such property, as in their opinion should be re- 
bated or remitted by reason of such property having been, in 
whole or in part, destroyed by fire. 

251. Reduce or release tax or assessment.] § 2. That when- 
ever, in any incorporated city or town in this state, any large por- 
tion of the taxable property of such city shall have been or shall 
hereafter be destroyed by fire, so as to seriously impair or affect 
the ability of the property owners of such, city or town to pay 
taxes or special assessments thereon, and an appropriation bill has 
been made or passed, or special improvements ordered before such 
fire, and the tax or assessment for the payment or raising of the 
same has not been levied or collected, it may be lawful for the city 
council or board of trustees of any such town, to alter, revise, 
change, reduce or vacate, or repeal such appropriation bill, or any 
part of the same, and to order the discontinuance of said special 
improvements, or any of the same, or to reduce the amount of 
taxes or special assessments ordered to be levied, or assessed, or 
collected for any general or special purpose, and to pass a new 
appropriation bill ; which new appropriation bill shall have the 
same force and effect as if the same had been passed within 
the time prescribed by the charter of any such city or such corpor- 
ate town 



DI7. I.] SEWERAGE AND WATER TAXES. 137 

252. Emergency.] § 3. Whereas a large amount of property 
listed for taxation in the city of Chicago, and in other cities and 
towns of this state, has been destroyed by fire before the taxes 
thereon have been paid, which taxes it would be unjust to collect, 
it is declared that an emergency exists that this law go into force 
immediately, and therefore it is enacted that this law shall be in 
force from and after its passage, 



XIV. SEWERAGE AND WATER TAXES. 

A.N ACT in relation to the levy and collection of taxes for sewerage and water worts in tha 

cities of this state that may have established a system of sewerage and water works 

for such city. [Approved and in force April 22. 1871. L. 1S71-2, p. 754. 

Rev. Stat., 253.] 

253. Sewerage fund tax 

254. Water Kid d tax. 

255. Emergency. 

253. Sewerage fond tax.] § 1. That the legislative authority 
of any such city which now has or may hereafter have established 
a system of sewerage for such city, shall have power, annualry, to 
levy and collect a tax upon the taxable real and personal estate of 
any such city, not to exceed one mill on a dollar, for the extension 
and laying of sewers therein and the maintenance of such sewers, 
which tax shall be known as " The Sewerage Fund Tax," and shall 
be levied and collected in the same manner that other general 
taxes of any such city are levied and collected : Provided, hoivever, 
that the board of public works of such city, if any, or the head of 
the sewer department of such city, shall first certify to such legis- 
lative authority the amount that will be necessary for such pur- 
pose.^) [See § 62, item 29. 

254. Water fund tax.] § 2. The legislative authority of any 
such city which now has or which may hereafter have established 
water works, for the supply of water to the inhabitants thereof, 
shall have power to annually levy and collect a tax upon the taxa- 
ble real and personal estate of any such city, not to exceed one 
mill on the dollar, for the extension of water mains or pipes therein 

(1) Authority to repair and keep in order its streets, is sufficient without special 
grant, to authorize a municipal corporation to construct drains and sewers, and, when con- 
st fucte 1, the corporation will incidentally possess the power to pass ordinances regulating their 
use and the price at which private persons may tap them, and also to protect them from injury 
or invasion. Dillon on Mun. Corp., g 644. 

If there Ibe mo constitutional limitation, tlie cost of making sewers for the 
public cenvenience, may be directed by the legislature to be paid out of funds provided by gen- 
eral taxation, or to be assessed upon the abutters, or the property specially benefitted. Dillon on 
Mun. Corp., \ G47. 



138 CITIES AND VILLAGES. [LIT. I. 

and the maintenance of such water works, which tax shall be 
known as " The Water Fund Tax," and shal] be levied and col- 
lected in the same manner that other general taxes of any such 
city are levied and collected : Provided, lioiuever, that the board of 
public works of such city, if any, or the head of the water depart- 
ment of such city, shall first certify to such legislative authority 
the amount that will be necessary for such purposes, and shall 
further certify that the revenue or income from such water works 
will be insufficient therefor. 

255. Emergency.] § 3. Whereas the health and good govern- 
ment of such cities require that they severally posses the power 
and authority conferred by this act upon such cities, and the offi- 
cers thereof, without any delay, it is hereby declared that an 
emergency exists that this law should be in force from and after 
its passage. 



XV. TAXES. 

AN ACT in regard to the assessment and collection of municipal taxes. [Approved May 23, 1877. 
In force July 1, 1877. L. 1877, p. 61. J 

256. How may be assesses and collected 

256. How may be assessed and collected.] § 1. That all cities, 
villages and incorporated towns, in this state whether organized 
under the general law or special charters, shall assess and collect 
their taxes in the manner provided for in article eight (8) of the 
act entitled " An act to provide for the incorporation of cities and 
villages," approved April 10, 1872, and in the manner provided for 
in the general revenue laws of this state; and ail acts, or parts 
of acts, inconsistent with the provisions of this act, are hereby 
repealed. 



XVI. SURPLUS FUND OR TAX. 

AN ACT to prohibit any city, town or village in this state from receiving from the county treas- 
urer a greater proportion of the surplus fund or tax, than shall be received by any 
other city, town or village within the same county. [Approved May 4, 1877, 
and in force July 1, 1877. L. 1877, p. 55.] 

257. Proportion of tax. 

258. Drawback — amount city, etc., may receive. 

257. Proportion of tax.] § 1. That no city, town or village 
within any county in this state, shall be entitled to or shall receive 



DIY. I.] SIDEWALKS IN CITIES, TOWNS AND VILLAGES. 139 

from the county treasury of such county any greater proportion 
of surplus of all taxes which may be collected for county pur- 
poses, than any other city, town or village within the county. 

258. Drawback — Amount city, etc., may receive.] §_2. Nor 
shall any such city, town or village be entitled to, or receive from 
the county treasury any greater drawback of its proportion of the 
taxes paid into the county treasury, by reason of any appropria- 
tion by the county board, out of the county treasury for the making 
and repairing of roads and highways, the building and repairing of 
bridges in such county, without any such city, town or village within 
such county than is now allowed by law to all other cities, towns 
and villages within the same county. Any acts, or parts of acts, 
conflicting with this act are hereby repealed. 



XVII. SIDEWALKS IN CITIES, TOWNS AND VILLAGES. 

AN ACT to provide additional means for the construction of sidewalks in cities, towns and vil 
[Approved April 15, 1875. In force July 1, 187o, L. 1875, p. 63. 



259. Sidewalks by taxation. 

260. What ordinance may provide. 

261. In case owner neglects to construct. 

262. Special tax — duty of clerk — report. 

263. General officer to obtain judgment — by what laws goverened. 

264. When constructed by owner may obtain order. 

259. Sidewalks by taxation.] § 1. That in addition to the 
mode now authorized by law, any city or incorporated town or vil- 
lage may, by ordinance, provide for the construction of sidewalks 
therein, or along or upon any street or part of street therein, and 
may, by such ordinance, provide for the payment of the whole or 
any part of the cost thereof by special taxation of the lot, lots or 
parcels of land touching upon the line where any such sidewalk 
shall be ordered, and such special taxation may be either by a levy 
upon any lot of the whole*, or any part of the cost of making any 
such sidewalk in front of such lot or parcel of land, or by levying 
the whole or any part of the cost upon each of the lots or parcels 
of land touching upon the line of such sidewalk, jjro rata upon 
each of said lots or parcels, according to their respective values — 
the values to be determined by the last preceding assessment 
thereof for the purpose of state and county taxation ; or the whole 
or auy part of the cost thereof may be levied upon such lots or 
parcels of land in proportion to their frontage upon such side- 



140 CITIE3 AND VILLAGES. [DIV. I. 

walks, or in proportion to their superficial area, as may be pro- 
vided by ordinance ordering the la}'ing down of such sidewalk ; 
and in case such ordinance shall only require the payment of a 
part of the cost of such sidewalk to be paid by a special tax as 
aforesaid, then the residue of such cost shall be paid out of any 
fund of such city, town or village, raised by general taxation upon 
the property thereof, and not otherwise appropriated. 

260. " What ordinance may provide.] § 2. Said ordinance shall 
define the location of such proposed sidewalk with reasonable 
certainty, shall prescribe its width, the materials of which it shall 
be constructed, and the manner of its construction, and may pro- 
vide that the materials and construction shall be under the super- 
vision of, and subject to, the approval of some officer or board of 
officers of such city, town or village, to be designated in said ordi- 
nance. Said ordinance shall be published as required by law for 
other ordinances of said city, town or village, (1) and may require all 
owners of lots or parcels of land touching the line of said pro- 
posed sidewalk to construct a sidewalk in front of their respective 
lots or parcels in accordance with the specifications of said ordi- 
nance, within thirty days after such publication, and in default 
thereof, said materials to be furnished and sidewalk constructed 
by said city, town or village, and the cost, or such part thereof as 
may be fixed in said ordinance, may be collected from the respec- 
tive owners of said lots or parcels of land as hereinafter pro- 
vided. 

261. In case owner neglects to construct] § 3. In case of 
the default of any lot owner or owners to construct the sidewalks, 
as required by ordinance, and the same shall be constructed by 
the city, town or village, the cost thereof, or such part of the cost 
thereof as may have been fixed by said ordinance, may be re- 
covered of the owners so in default by an action of debt in the 
name of the city, town or village, against such owners respectively, 
in any court of competent jurisdiction, or upon the completion of 
the work by such city, town or village. Such ordinance may pro- 
vide that a bill of the cost of such sidewalk, showing in separate 
items the cost of grading, materials, laying down, and supervision, 
shall be filed in the office of the clerk of such city, town or village, 
certified to by the officer or board designated by said ordinance £o 
take charge of the construction of said sidev^alk, together with 
a list of the lots or parcels of land touching upon the line 
of said sidewalk, the names of the owners thereof, and the 
frontage, superficial area, or assed value as aforesaid, ac- 

(1) See ante p. 65, g G4. 



THY. I.] SIDEWALKS IN CITIES, TOWNS AND VILLAGES. 141 

cording as said ordinance may provide for the levy of said 
costs by frontage, superficial area, or assessed value ; where- 
upon said clerk shall proceed to prepare a special tax list 
against said lots or parcels, and the owners thereof, ascertaining 
by computation the amount of special tax to be charged against 
each of said lots or parcels and the owners thereof, on account of 
the construction of said sidewalk, according to the rule fixed for 
the levy of such special tax by said ordinance, which special tax- 
list shall be filed in the office of said clerk ; and said clerk shall 
thereupon issue warrants directed to such officer as may be desig- 
nated in such ordinance, for the collection of the amount of special 
tax so ascertained and appearing from said special tax-list to be 
due from the respective owners of the lots or parcels of land 
touching upon the line of said sidewalk ; and such officer shall 
proceed to collect such warrants in the same manner as constables 
are authorized to collect executions, and make return thereof, 
together with the moneys collected, to the clerk of such city, town 
or village, within sixty days from the date of their issue ; and in 
case any such warrant shall be returned, as to the whole or any 
part thereof, "no property found," other warrants may issue, and 
proceedings by garnishment may be resorted to, as in cases of 
garnishment in aid of the collection of judgments at law,(l) and all 
moneys so collected and paid over to said clerk shall be, by him, 
immediately paid over to the treasurer of said city, town or vil- 
lage. 

262. Special tax— Duty of clerk — Report.] § 4. Upon failure 
to collect such special tax as heretofore provided in this act, it 
shall be the duty of said clerk, within such time as such ordinance 
may provide, to make report of all such special tax, in writing, to 
such general officer of the county as may be authorized, by law to 
apply for judgment against, and' sell lands for taxes due county or 
State, of all the lots or parcels of land upon which such special 
tax shall be so unpaid, with the names of the respective owners 
thereof, so far as the same are known to said clerk, and the 
amount due and unpaid upon each tract, together with a copy of 
the ordinance ordering the construction of said sidewalk, which 
report shall be accompanied by the oath, of the clerk that the list 
is a correct return of the lots and parcels of land on which the 
special tax levied by authority of said city, town or village, for the 
cost or partial cost (as the case may be) of the sidewalk in said 
ordinance specified, remains due and unpaid, and that the amounts 



(1) Rev. Stat., p. 550, g 1. See Haines' Treatise, new ed., title " Garnishment." 



142 CITIES AND VILLAGES. [DIV. I. 

therein stated as due and unpaid have not been collected, nor any 
part thereof. Said reports, when so made, shall be prima facie 
evidence that all the forms and requirements of the law in relation to 
making such return have been complied with, and that the special 
tax, as mentioned in said report, is due and unpaid. 

263. General officer to obtain judgment— By what laws gov- 
erned.] § 5. When said general officer shall receive the aforesaid 
report, he shall at once proceed to obtain judgment against said 
lots or parcels of land for said special tax remaining due 
and unpaid, in the same manner as may be provided by law 
for obtaining judgment against lands for taxes due and unpaid the 
county and state, and shall in the same manner proceed to sell the 
same for the said special tax due and unpaid. In obtaining said 
judgment and making said sale, the said officer shall be governed 
by the general revenue laws of the state, except when otherwise 
provided herein, and said general laws shall also be applicable to 
the execution of certificates of sale, and deeds thereon, and the 
force and effect of such sales and deeds ; and all other laws in re- 
lation to the enforcement and collection of taxes, and redemption 
from tax sales, shall be applicable to proceedings to collect such 
special tax, except as herein otherwise provided. (1) 

264. When constructed hy owner may obtain order.] § 6. 
Whenever payment of the costs of any such sidewalk is required 
to be made in part by special tax, and in part out of any general 
fund of such city, town, or village, and the owner of any such lot 
or parcel of land shall construct such sidewalk in accordance with 
the ordinance providing for its construction, such owner shall file 
with the clerk of such city, town, or village, an itemized statement 
of the cost of such sidewalk so constructed, by him verified by 
affidavit, together with a certificate of the officer or board directed 
by such ordinance to superintend the construction thereof, that 
such sidewalk has been constructed and fully completed by such 
owner in accordance with such ordinance, and the council of such 
city, town, or village, shall thereupon, at its first meeting thereafter, 
allow and order to be issued to such owner, an order on the treas- 
urer of such city, town, or village, for the cost of the construction 
of such sidewalk, less the amount of special tax chargeable to the 
lot or parcel of land of such owner on the line of which such side- 
walk has been so constructed. (2) 



See Rev. Stat., ch. 120, Haines'' Township Organization Laws, Title, "Revenue;" see also 
ante, pp. 88, 95 ; see also the general powers of city council concerning sidewalks, and notes of 
decisions relating thereto, ante, p. 45. 

(2) For form of itemized statement, affidavit and certificate, see Div. II, post. 



DIV. I.] HOUSES OF COERECTION. 143 



XVIII. HOUSES OF CORRECTION. 

AN ACT to establish houses of correction, and authorize the confinement of convicted persons 

therein. [Approved April 25, 1871. In force July 1, 1871. L. 1871-2, 481. 

Rev. Stat., ch. 67.] 

265. Cities may establish. 

266. Inspectors — appointment — term of office. 

267. Rules — employees — appropriations. 

268. Compensation and duties of inspectors — records. 

269. Books — quarterly statement — accounts. 

270. Further reports— removal of officers, etc. 

271. Duties of superintendent — appointment — term of office — 

deputy. 

272. County may use house of correction. 

273. Commitment of county convicts 

274. Conveying convict to house of correction — fees. 

275. Application of other laws, etc. 

276. House of shelter for females. 

277. Expenses, how paid. 

278. United States convicts. 

279. Bridewell changed to house of correction. 

280. Salary of superintendent — record of conduct — good time. 

281. Oath— bond. 

265. Cities may establish.] § 1. That it shall be lawful for 
the municipal authorities of any city within this state to establish 
a house of correction, which shall be used for the confinement and 
punishment of criminals, or persons sentenced or committed 
thereto under the provisions of this act, or any law of this state, 
or ordinance of any city authorizing the confinement of convicted 
persons in any such house of correction. (1) 

206. Inspectors— Appointment— Term of office.] § 2. The 
management and direction of any house of correction already 
established or which may hereafter be established in any such city, 
shall be under the control and authority of a board of inspectors, 
to be appointed for that purpose as in this section directed. The 
mayor of said city shall, by virtue of his office, be a member of 
said board, who, together with three persons to be appointed by 
the mayor, by and with the advice and consent of the legislative 

(1) A cliild cannot lawfully toe imprisoned, who has committed no crime, on the 
mere allegation that he is destitute of proper parental care and is growing up in mendicancy, 
ignorance, idleness or vice. Where an act, in reference to an institution called a reform school, 
or the city of Chicago, authorized the commitment there of children between the ages of six and 
sixteen years "who are destitute of proper parental care, and growing up in mendicancy, ignor- 
ance, idleness or vice," but who may have committed no crime, to be there "kept, disciplined, 
instructed, employed and governed," until they shall be reformed and discharged, or shall have 
arrived at the age of twenty-one years, under which a boy, between fourteen and fifteen years of 
age, Avas committed to such institution without having been charged or convicted of any crime 
or offence. Held, on habeas corpus, at the suit of the father, that the act under which the boy 
was so imprisoned, was m violation of the bill of rights embodied in the constitution, which 
declares the inherent and inalienable right of all persons to their personal libertv, and was there- 
fore void. The People ex rel. v. Tamer, oi> 111. R., 280. 



144 CITIES AND VILLAGES. [DIV. I. 



authority of said city, shall constitute the said board of inspectors. 
The term of office for the appointed members of said board shall 
be three 3 T ears, but the members first appointed shall hold their 
office, respectively, as shall be determined by lot at the first meet- 
ing of said board, for one, two and three years from and after the 
first Monday in May, in the year of our Lord 1871, and there- 
after one member shall be appointed each year for the full term of 
three years. 

267. Rules — Employees — Appropriations. §3. That whenever 
a board of inspectors have been organized as in section second of 
this act directed, they shall have power and authority to establish 
and adopt rules for the regulation and discipline of the said house 
of correction, for which they have respectively been appointed, 
and, upon the nomination of the superintendent thereof, to appoint 
the subordinate officers, guards and employees thereof ; to fix 
their compensation and prescribe their duties generally ; to make 
all such by-laws and ordinances in relation to the management and 
government thereof as thej shall deem expedient. No appropria- 
tion of money shall be made by the said board of inspectors for 
any purpose other than the ordinary and necessary expenses and 
repairs of said institution, except with the sanction of the legisla- 
tive authority of said city. 

268. Compensation and duties of inspectors— Records.] § 4. 
Said inspectors shall serve without fee or compensation. There 
shall be a meeting of the entire board, at the house of correction, 
once in every three months, when they shall fully examine into its 
management in every department, hear and determine all com- 
plaints or questions not within the province of the superintendent 
to determine, and make such further rules and regulations for the 
good government of said house of correction as to them shall 
seem proper and necessary. One of said appointed inspectors 
shall visit the said house of correction once, at least, in each month. 
All rules, regulations or other orders of said board shall be re- 
corded in a book to be kept for that purpose, which shall be 
deemed a public record, and, with the other books and records of 
said house of correction, shall be at all times subject to the ex- 
amination of any member or committee of the legislative author- 
ity, the comptroller, treasurer, corporation counsel or attorney of 
any such city. 

269. Books— Quarterly statement— Accounts.] § 5. The books 
of said house of correction shall be so kept as to clearly exhibit 
the state of the prisoners, the number received and discharged, 
the number employed as servants or in cultivating and improving 
the premises, the number employed in each branch of industry 



DIV. I.] HOUSES OF CORRECTION. 145 

carried on, and the receipts from, and expenditures for, and on ac- 
count of each department of business or for improvement of the 
premises. A quarterly statement shall be made out, which shall 
specify, minutely, all receipts and expenditures, from whom re- 
ceived and to whom paid, and for what purpose ; proper vouchers 
for each to be audited and certified by the inspecters, and sub- 
mitted to the comptroller of said city and by him to the legislative 
authority thereof for examination and approval. The accounts of 
said house of correction shall be annually closed and balanced on 
the first day of January of each year, and a full report of the 
operations of the preceding year shall be made out and shall be 
submitted to the legislative authority of said city, and to the gov- 
ernor of the state, to be by him transmitted to the general assem- 
bly, and such report shall be published in the corporation news- 
paper thereof. 

270. Further reports— Removal of officers, etc] § 6. The leg- 
islative authority of said city may require such further reports and 
exhibits of the condition and management of such institution as 
to them shall seem necessary and proper, and may, with the ap- 
proval of the mayor, remove any inspector of said institution. 
But any subordinate officer or employee may be removed by the 
superintendent at his discretion, but immediately upon the removal 
of such officer or employee, he shall report to said board the name 
of the person removed, and the cause of such removal. 

271. Duties of superintendent— Appointment— Term of office 
— Deputy.] § 7. The superintendent of the said house of correc- 
tion shall have entire control and management of all its concerns, 
subject to the authority established by law, and the rules and reg- 
ulations adopted for its government. It shall be his duty to obey 
and carry out all written orders and instructions of the inspectors 
not inconsistent with the laws, rules and regulations relating to 
the government of said institution. He shall be appointed by the 
mayor by and with the consent of said board of inspectors, and 
shall hold his office for four years and until his successor shall 
have been duly appointed and qualified, but he may be removed 
by the inspectors at any time, when in their judgment it shall be 
advisable. He shall be responsible for the manner in which said 
house of correction is managed and conducted. He shall reside 
at said house of correction, devote all his time and attention to the 
business thereof, and visit and examiue into the condition and 
management of every department thereof and of each prisoner 
therein confined, daily. He shall exercise a general supervision 
and direction in regard to the discipline, police and business of 
said house of correction. The deputy superintendent of said 

10 



146 CITIES AND VILLAGES. [DIV. I. 

house of correction shall have and exercise the powers of the 
superintendent in his absence, so far as relates to the discipline 
thereof and the safe keeping of prisoners. 

272. County may use house of correction.] § 8. The board of 
supervisors or commissioners of any county in this state shall 
have full power and authority to enter into an agreement with the 
legislative authority of such city or with any authorized agent or 
officer in behalf of said city, to receive and keep in said house of 
correction any person or persons who may be sentenced or com- 
mitted thereto by any court or magistrate in any of said counties, 
for any term not less than thirty days. Whenever such agreement 
shall have been made, it shall be the duty of the board of super- 
visors or commissioners for any county in behalf of which such 
agreement shall have been made, to give public notice thereof in 
some newspaper printed and published within said county, for a 
period not less than four weeks, and such notice shall state the 
period of time for which such agreement will remain in force. 

273. Commitment.] § 9. In counties having such agreement 
with any such city, it shall be the duty of every court, police jus- 
tice, justice of the peace, or other magistrate in such county by 
whom any person, for any crime or misdemeanor punishable by 
imprisonment in the county jail, shall be convicted, to commit 
such person to the said house of correction, in lieu of committing 
him to the county jail, there to be received and kept in the man- 
ner prescribed by law and the discipline of said house of correc- 
tion. And it shall be the duty of such court, police justice, justice 
of the peace or other magistrate, by a warrant of commitment, 
duly issued, to cause such person so sentenced to be forthwith 
conveyed by some proper officer to said house of correction. 

27£ Conveying convict to house of correction— Fees.] § 10. 
It shall be the duty of the sheriff, constable or other officer in and 
for any county having such agreement with any such city to whom 
any warrant of commitment for that purpose may be directed by 
any court, justice or magistrate aforesaid, in such county, to convey 
such person so sentenced to the said house of correction, and 
there deliver such person to the keeper or other proper officer of 
said house of correction, whose duty it shall be to receive such 
person so sentenced, and to safely keep and employ such person 
for the term mentioned in the warrant of commitment, according 
to the laws of said house of correction ; and the officers thus con- 
veying and so delivering the person or persons so sentenced shall 
be allowed such fees, as compensation therefor, as shall be pre- 
scribed or allowed by the board of supervisors or commissioners 
of the said county. 



DIY. I.] HOUSES OF CORRECTION. 147 

275. Application of other laws, etc.] § 11. All provisions of 
law and ordinances authorizing the commitment and confinement 
of persons in jails, bridewells and other city prisons, are hereby 
made applicable to all persons who may or shall be, under the 
provisions of this act, sentenced to such house of correction. 

276. House of shelter.] § 12. It shall be lawful for the inspec- 
tors of any such house of correction to establish in connection . 
with the same a department thereof, to be called a house of shelter, 
for the more complete reformation and education of females. The 
inspectors shall adopt rules and regulations by which any female 
convict may be imprisioned in one or more separate apartments of 
the said house of correction, or of the department thereof called 
the house of shelter. The superintendent of said house of correc- 
tion shall appoint, by and with the advice of the board of inspec- 
tors, a matron and other teachers and employees for the said 
house of shelter, whose compensation shall be fixed and provided 
for as in this act provided for the officers and other employees of 
the said house of correction. 

277. Expenses.] § 13. The expenses of maintaining any such 
house of correction over and above all receipts for the labor of 
persons confined therein, and such sums of money as may be re- 
ceived from time to time by virtue of an agreement with a county, 
as in this act contemplated, shall be audited and paid from time 
to time by the legislative authority of such city, and shall be 
raised, levied and collected as the ordinary expenses of the said 
city. 

278. United States convicts.] § 14. It shall be lawful for the 
inspectors of any such house of correction to enter into an agree- 
ment with any officer of the United States authorized therefor, to 
receive and keep in such house of correction any person sentenced 
thereto, or ordered to be imprisioned therein, by any court of the 
United States or other federal officer, until discharged by law. 

279. Bridewell changed to house of correction.] § 15. That 
in any such city having, prior to the passage of this act, established 
a bridewell for the confinement of convicted persons, such institu- 
tion shall, immediately upon the appointment of the inspectors in 
this act contemplated, be known and denominated as the house of 
correction of the city in which it is located. 

280. Salary of superintendent —Record of conduct — Good time. ] 
§ 16. The superintendent of any such house of correction shall 
receive a salary per annum, to be fixed by the legislative authority 
of such city, to be paid quarterly. It shall be his duty to keep a 
record of each and all infractions of the rules and dicipline of said 
house of correction, with the names of each, the convict offending, 



148 CITIES AND VILLAGES. [dIY. I. 

and the date and character of each offense, and every convict sen- 
tenced or committed for six months or more, whose name does not 
appear upon such record, shall be entitled to a deduction of three 
days per month from his or her sentence, for each month he or 
she shall continue to obey all the rules of said house of correction. 

281. Oath — Bond.] § 17. The inspectors of any such house of 
correction and the superintendent thereof, shall, before they enter on 
the duties of their respective offices, take and subscribe the usual 
oath of office. Said inspectors and superintendent shall severally 
give bond to such city with sureties, and in a penal sum such as 
may be required by the legislative authority thereof, for the faith- 
ful performance of their duties. 

282. [§ 18, repeal, ommitted; see "Bev. Stat.," ch. 131, § 5. 



XIX. LIBEARIES. 

AN ACT to authorize cities, incorporated towns and townships to establish and maintain free 

public libraries and reading rooms. [Approved and in force March 7, 1872. L. 

1871-2, p. 009. Rev. Stat., ch. 81.] 

OF CITIES, VILLAGES, TOWNS AND TOWNSHIPS. 

283. Establishment by city— tax— fund. 

284. Appointment of directors. 

285. Term of office — removal. 

286. Vacancies — compensation. 

287. Organization— powers of directors — funds. 

288. Who may use library. 

289. Report of directors. 

290. Council may fix penalties. 

291. Donations. 

292. Powers of villages, towns and townships. 

293. Directors in villages, towns and townships. 

294. Emergency. 

295. Library Associations may sell, etc., to public library — 

meeting — notice. 

296. Vote — manner of making conveyances, etc. 

283. Establishment by city—Tax— Fund.] § 1. That the city 
council of each incorporated city shall have power to establish 
and maintain a public library and reading-room for the use and 
benefit of the inhabitants of such city, and may levy a tax of not 
to exceed one mill on the dollar, annually, and in cities of over 
one hundred thousand inhabitants, not to exceed one-fifth of one 
mill annually, on all the taxable property in the city, such tax to 



DIY. I.] LIBEAEIES. 149 

be levied and collected in like manner with other general taxes of 
said city, and to be known as the "Library Fund " 

284-. Directors,] § 2. When any city council shall have decided 
to establish and maintain a public library and reading-room, under 
this act, the mayor of such city shall, with the approval of the 
city council, proceed to appoint a board of nine directors for the 
same, chosen from the citizens at large with reference to their fit- 
ness for such office ; and not more than one member of the city 
council shall be at any one time a member of said board. 

285. Term of oMce— Semoval.] §3. Said directors shall hold 
office one-third for one year, one-third for two years, and one-third 
for three years, from the first of July following their appointment, 
and at their first regular meeting shall cast lots for the respective 
terms ; and annually thereafter the mayor shall, before the first of 
July of each year, appoint as before three directors, to take the 
place of the retiring directors, who shall hold office for three years, 
and until their successors are appointed. The ma}^or may, by and 
with the consent of the city council, remove any director for mis- 
conduct or neglect of duty. 

286. Vacancies — Compensation.] § 4. Vacancies in the board 
of directors, occasioned by removals, resignation, or otherwise, 
shall be reported to the city council, and be filled in like manner 
as original appointments, and no director shall receive compensa- 
tion as such. 

287. Organization — Powers of directors — Funds.] § 5. Said 
directors shall, immediately after appointment, meet and organize 
by the election of one of their number president, and by the elec- 
tion of such other officers as they may deem necessary. They 
shall make and adopt such by-laws, rules and regulations for their 
own guidance and for the government of the library and reading- 
room as may be expedient, not inconsistent with this act. They 
shall have the exclusive control of the expenditure of all moneys 
collected to the credit of the library fund, and of the construction 
of any library building, and of the supervision, care and custody 
of the grounds, rooms or buildings constructed, leased or set apart 
for that purpose : Provided, that all moneys received for such 
library shall be deposited in the treasury of said city to the credit 
of the library fund, and shall be kept separate and apart from 
other moneys of such city, and drawn upon by the proper officers 
of said city, upon the properly authenticated vouchers of the 
library board. Said board shall have powder to purchase or lease 
grounds to occupy, lease or erect an appropriate building or build- 
ings for the use of said library ; shall have power to appoint a 
suitable librarian and necessary assistants, and fix their compensa- 



150 CITIES AND VILLAGES. fDIT. I. 



lion, and shall also have power to remove such appointees ; and 
shall, in general, carry out the spirit and intent of this act, in 
establishing and maintaining a public library and reading-room. 

288. Who may use library.] § 6. Every library and reading- 
room, established under this act, shall be forever free to the use 
of the inhabitants of the city where located, always subject to such 
reasonable rules and regulations as the library board may adopt, 
in order to render the use of said library and reading-room of the 
greatest benefit to the greatest number ; and said board may ex- 
clude from the use of said libraiy and reading-room any and all 
persons who shall willfully violate said rules. And said board 
may extend the privileges and use of such library and reading- 
room to persons residing outside of such city in this state, upon 
such terms and conditions as said board may from time to time by 
its regulations prescribe. [As amended bv act araproved March 
27, 1874 ; in force July 1, 1874. 

289. Report of directors.] § 7. The said board of directors 
shall make, on or before the second Monday in June, an annual 
report to the city council, stating the condition of their trust on 
the first day of June of that year, the various sums of money 
received from the library fund and from other sources, and how 
such moneys have been expended, and for what purposes ; the 
number of books and periodicals on hand, the number added by 
purchase, gift, or otherwise, during the year ; the number lost or 
missing ; the number of visitors attending ; the number of books 
loaned out, and the general character and kind of such books ; 
with such other statistics, information and suggestions as they may 
deem of general interest. All such portions of said report as relate 
to the receipt and expenditure of money, as well the number of 
books on hand, books lost or missing, and books purchased, shall 
be verified by affidavit. 

290. Penalties.] § 8. The city council of said city shall have 
power to pass ordinances imposing suitable penalties for the pun- 
ishment of persons committing injury upon such library or the 
grounds or other property thereof, and for injury to or failure to 
return any book belonging to such library. 

291. Donations.] § 9. Any person desiring to make donations 
of money, personal property or real estate for the benefit of such 
library, shall have the right to vest the title to the money or real 
estate so donated in the board of directors created under this act, 
to be held and controlled by such board, when accepted, according 
to the terms of the deed, gift, devise or bequest of such property ; 
and as to such property the said board shall be held and considered 
to be special trustees. 



Div. l] libraries. 151 



292. Powers of villages, towns and townships.] § 10. When 
fifty legal voters of any incorporated town, village or township 
shall present a petition to the clerk of the town, village or town- 
ship (or trustee of schools in counties not under township organi- 
zation), asking that an annual tax may be levied for the establish- 
ment and maintenance of a free public library in such town or 
township, and shall specify, in their petition, a rate of taxation 
not to exceed two mills on the dollar, such clerk (or trustee of 
schools in counties not under township organization) shall, in the 
next legal notice of the regular annual election in such town or 
township, give notice that at such election every elector may vote 
"For a. . . . mill tax for a free public library," or "Against a. . . . 
mill tax for a free public library," specifying in such notice the 
rate of taxation mentioned in said petition ; and if the majority of 
all the votes cast in such town, village or township shall be " For 
the tax for a free public library," the tax specified in such notice 
shall be levied and collected in like manner with other general 
taxes of said town or township, and shall be known as the " Li- 
brary Fund:" Provided, that such tax shall cease in case the legal 
voters of any such town, village or township shall so determine by 
a majority vote, at any annual election held therein ; and the cor- 
porate authorities of such towns or villages may exercise the same 
powers conferred upon the corporate authorities of cities under 
this act. 

293. Directors in villages, etc.] § 11. At the next regular 
election after any town, village or township shall have voted to 
establish a free public library, there shall be elected a library 
board of six directors, one-third for one year one-third for two 
years, and one-third for three years, and annually thereafter there 
shall be elected two directors, who shall hold their office for three 
years and until their successors are elected and qualified; which 
board shall have the same powers as are by this act conferred upon 
the board of directors of free public libraries in cities. 

294. Emergency.] § 12. Whereas, all the libraries of Chicago 
were destroyed by the recent fire in that city, and large donations 
of books have been made to found a free library, and whereas no 
suitable building or organization exists to receive or preserve 
them, therefore an emergency exists that this law shall take effect 
immediately : therefore this act shall take effect and be in force 
from and after its passage. 

AN ACT to enable library associations to sell and transfer their real and personal property. [Ap- 
proved March 24, 1874. In force July 1, 1871.] 

295. Library associations may sell, etc., to public libraries- 
Meeting — Notice.] § 1. That whenever any library association 



152 CITIES AND VILLAGES. [DIV. I. 



organized under any law of this state, and owning any real 
or personal property in this state, shall desire to sell or 
lease the same, or any part thereof, absolutely or with condi- 
tions, to the board of directors of any free public library, organized 
under the laws of this state, such sale or lease may be made in the 
manner following, viz : The directors of such association shall 
call a meeting of all the members, subscribers or stockholders 
thereof, to be held at the rooms of said library or office of the sec- 
retary of such association, written or printed notice of the time, 
place and object of such meeting, and of the terms and conditions 
of the proposed sale or lease being first mailed, at least thirty (30) 
days prior to the time of such meeting, to the address of each 
member, subscriber or stockholder whose place of residence is 
known to any of the officers or directors of such association, and 
by publishing such notice for at least thirty (30) consecutive days 
next preceding the time of such meeting, in some newspaper pub- 
lished and of general circulation in the county where the property 
of said association is situate. 

296. "Vote — Manner of making conveyance, etc.] § 2. If the 
members, subscribers or stockholders representing the majority in 
amount of the stock of such association, shall vote, at such meet- 
ing, in favor of such sale or lease upon the terms or conditions 
specified in such notice, or, in case said association shall consist of 
two or more departments, if a majority of the members, subscribers 
or stockholders of each department shall vote at such meeting in 
favor of such sale or lease so specified, then the president and sec- 
retary shall cause a record of the proceedings of such meeting, 
verified by the oath of the president thereof, together with an affi- 
davit of the service or publication of notice as herein required, to 
be filed in the office of the clerk of the circuit court of the county 
where the property of such association is situate ; after which the 
president and secretary of the said association shall be and are 
hereby authorized and empowered to execute any and all necessary 
deeds, leases, bills of sale, or other instruments in writing, to carry 
out the object and intent of said vote; which, when duly executed, 
shall be sufficient to pass to the board of directors of such free 
public library all the legal and equitable title of said associations 
in and to the real or personal property in said instrument de- 
scribed as therein set forth. 



DIV. I.] TOWN PLATS. L~ 



XX. TOWN PLATS. 

AN ACT to revise the law in relation to plats. [Approved March 21, 1874 In force July 1, 1874. 

Rev. Stat., eh. 109. J 

297. Laying out towns, etc. 

298. Certificate of surveyor— acknowledgement — record. 

299. Dedication — effect of. 

300. Neglect to plant corner stone, etc. 

301. Penalty for selling without plat recorded, etc. 

VACATION OF PLATS. 

302. Of entire plat. 

303. Of part of plat. 

304. Cancelling plat of record. 

PLATS TO BE RECORDED, ETC. 

305. Plats of highways, etc., to be made and recorded. 

306. Prosecuting offenders. 

297. Laying out towns, etc] § 1. Whenever the owner of 
lands shall wish to subdivide the same into two or more parts for 
the purpose of laying out a town, or making any addition to any 
city, village or town, or of re-subdividing any lots or blocks there- 
in, he shall cause the same to be surveyed and a plat thereof to be 
made by the county surveyor or some other competent surveyor, 
which plat shall particularly describe and set forth all the streets, 
alle} T s, common or public grounds, and all the in and out lots or 
fractional lots or blocks within, adjoining or adjacent to the land 
so divided, giving the names, widths, courses and extent of all such 
streets and alleys, and numbering all lots and blocks by progres- 
sive numbers, giving their precise length and width. Reference 
shall also be made upon the plat to some known and permanent 
monument from which future surveys mnv be made, or, if no such 
monument shall exist within convenient distance, the surveyor 
shall, at the time of making his survey, plant, and fix in such man- 
ner that the same shall not be moved by frost, at the corner of 
some public ground, or, if there be none, then at the corner of 
some lot or block most convenient for reference, a good and suffi- 
cient stone, to be furnished by the person for whom the survey is 
made, and designate upon the plat the point where the same may 
be found.(l) [Rev. Stat. 1845, p. 115, § 17, 18, 19. 

(1) Tlie statute having required persons laying out town plats, or additions 
thereto, to mark the location of streets and public grounds by stones set in the ground, from 



154 CITIES AND VILLAGES. [DIV. I. 

298. Certificate of Surveyor— Acknowledgement — EecorcL] 

§ 2. The plat having heen completed, shall be certified by the 
surveyor and acknowledged by the owner of the land, or his attor- 
ney duly authorized, in the same manner as deeds of land are re- 
quired to be acknowledged. The certificate of the surveyor and 
of acknowledgment, together with the plat, shall be recorded in the 
recorder's office of the county in which the land is situated, and 
such acknowledgment and record shall have like effect, and cer- 
tified copies thereof, and of such plat or of any plat heretofore 
acknowledged and certified according to law, may be used in evi- 
dence to the same extent and with like effect, as in case of deeds. 
[Eev. Stat. 1845, p. 115, § 20. 

which to make future surveys, where there is a diserepency between such monuments and the 
measurements appearing in the plat, the former will govern and control the latter in determin- 
ing the location of the street. Such stones will be recognized with the same force and binding 
effect as original monuments erected by the government surveyors. A party laying out his land 
into lots and streets is a liberty to locate the streets where he chooses, and when he has erected 
stones to show where a street is located, and staked lots abutting on each side of the same, and 
sold lots with reference to it, which have been improved, and the location ol the street has been 
acquiesced in for twenty years by the public, the purchasers of the lots and the municipal cor- 
poration taking the street i n trust fo the public will be bound by the monuments in determining 
the location of the street, and the corporation will be enjoined if it attempts to change its actual 
location. And where monuments and measurements are both mentioned in the description of 
land conveyed in a town plat the purchaser must hold by the boundaries given by the monu- 
ments. Lull ct al. v. City of Chicago, 68 111. R., 518. 

It is not absolutely essential to the validity of a town plat that it shall be sur- 
veyed by the county surveyor. Although made by another surveyor it may still have the force 
of a statutory conveyance of the streets and alleys to the city or municipal corporation, in trust 
for the public. Repeated decisions of the supreme court of Illinois hold it to be the aeknowled 
ging and recording of the plat that vests the fee in the corporation. Trustees v. Haven, 11 111. R., 
551 : Manly v. Gibson, 13 111. R , 308 ; Hunter v. Middleton, 13 111. R., 50; Gebhardt v. Reeves, 75 IU. 
R.,301. 

It cannot lie deemed essential who did the manual worlt of making the survey 
and plats, so that the same is accurately done. The conveyance derives its validity from the 
acknowledging and recording. Of this same class is that of objections that no corner stone is 
designated on the pi at, when there are other monuments from which the location of the lots, 
streets and alleys can be ascertained with equal certainty. This is all the purpose to be accomp- 
lished by designating a stone as a corner, and it cannot be the absence of the particular monu- 
ment described in the statute when another is indicated as effectual for that purpose, that vitiates 
and renders void a plat as a statutory conveyance for the purposes intended. Gebhardt v. Reeves, 
75111. R.,301. 

Where land is laid ont and platted, and a square left blank without any designa- 
tion for its purpose, except it was not divided into lots, and no allusion made to it by the dedica- 
tors in their certificate, it was held not a dedication to public use, under the statute. But where 
ihe proof showed the sale of lots around the same at an enhanced price, and an intention to 
dedicate to public use, and a long acquiescence in the use as a public park, this was held to be a 
dedication at common law, to the public use. And where proof of the contemporaneous acts of 
the o;iginal proprietors clearly showed an intention that the same should remain a public square 
and the proof also showed a long acquiescence in such dedication on the part of the village 
authorities, it was held a court of equity would enjoin the trustees of the village from the erec- 
tion of a town hall upon the same, as being an obstruction and inconsistent with the object of 
dedication as a public common. Village of Princevllle y.-Auten et al., 77 111. R., 325. 

Where nothing appears to indicate for what purpose a grant of land is made 
to the public, parol evidence is admissible to show the object to which it was so devoted. But 
when the intention is made manifest at the time of the dedication, extrensic evidence will not 
be received to show an intention to devote the land to a different use. And a county has no 
inherent right to appropriate the exclusive use of a public square in a town, not dedicated ex- 
pressly to it, but to the # public or citizens generally. It has no more right than individual to pre- 
vent or disturb the enjoyment of the inhabitants in any public grounds dedicated to their use. 
Village of Princeville v. Auten et al., 77 111. R., 325. 

On the subject of town plats, dedication, streets and public grounds, see ante 
p. 40, 43, and notes thereto, of decisions. 



DIY. 1. 1 TOWN PLATS. 155 



299. Dedication — Effect of.] § 3. The acknowledgment and 
recording of such plat shall be held in law and in equity to be a 
conveyance in fee simple of such portions of the premises platted 
as are marked or noted on such plat as donated or granted to the 
public, or any person, religious society, corporation or body politic, 
and as a general warranty against the donor, his heirs and repre- 
sentatives to such donee or grantee for their use or for the use and 
purposes therein named or intended, and for no other use or pur- 
pose. And the premises intended for any street, alley, way, com- 
mon or other public use in any city, village or town, or addition 
thereto, shall be held in the corporate name thereof in trust to 
and for the uses and purposes set forth or intended.(l) [Rev. Stat. 
1845, p. 115, § 21. 

300. Neglect to plant corner stone? etc.] § 4. Whoever shall 
lay out any town or make any addition to any city, village or town, 
or re-subdivide any lots or blocks therein, and neglect to plant any 
corner stone when required by this act, or shall survey the same 
or cause it to be surveyed in any other manner than that which is 
prescribed in this act, shall be fined in anv sum not less than $25 
nor exceeding $100. [Rev. Stat. 1845, p. 136, § 24. 

301. Penalty for selling without plat recorded? etc. § 5. 
Whoever shall sell or offer for sale, or lease for any time exceeding 
five years, any lot or block in any town, city or village, or any ad- 
dition thereto, or any re-subdivision of any lot or block therein, 
before all the requisitions of this act have been complied with, 
shall be fined $25 for each lot or block or part thereof so disposed 
of, offered for sale or leased. [Rev. Stat. 1845, p. 116, § 25. 

VACATION OF PLATS. 

302. Of the whole plat] § 6. Any such plat may be vacated 
by the owner of the premises at any time berore the sale of any 
lot therein, by a written instrument declaring the same to be va- 

1) Making and recording a. town plat is called a statutory dedication of the 

streets and public grounds thereon described as such. In this case the legal title to the land thus 
dedicated vests in the municipal corporation then existing or thereafter coming into existence, 
in trust for the public for the purposes intended. In case of dedication otherwise— or giving of 
the land for purposes aforesaid— without the formalities prescribed by the statute, called a com- 
mon law dedication, the legal title remains in the owner, with the same rights of the public to 
use the same as in case of a statutory dedication. When land is described on a recorded plat as 
" public ground" it is an unrestricted dedication to the public use. In such case the use is indefi- 
nite and may vary according to circumstances. The care thereof devolves upon the local 
authority, or body corporate is its guardian, who may direct its use subject to the law, and the 
courts in case of any abuse of the trust. In such case as between a municipal corporation hold- 
ing title as aforesaid to the ground for public uses without restriction, and the general public, the 
legislature may divest and regulate the purposes for which the public may use it. Where a plat 
of a town duly recorded contained a block marked " public grounds," and there is no incorpora- 
tion of the town, the power of directing what public use shall be made of such public ground 
devolves upon the legislature, as the representation of the whole people. C. R. 1. & P. R. R. Co. 
V. City o/Joliet, 79 111. R., 25. 



156 CITIES AND TILLAGES. [DIV. L 

cated, executed, acknowledged or proved, and recorded in like 
manner as deeds of land ; which declaration being duly recorded 
shall operate to destroy the force and effect of the recording of 
the plat so vacated, and to divest all public rights in the streets, 
alleys and public grounds, and all dedications laid out or described 
in such plat. When lots have been sold, the plat may be vacated 
in the manner herein provided by all the owners of lots in such 
plat joining in the execution of such writing. [L. 1847, p. 166, § 1. 

303. Of part of plat.] § 7. Any part of a plat may be vacated 
in the manner provided in the preceding section, and subject to 
the conditions therein prescribed : Provided, such vacation shall 
not abridge or destroy any of the rights or privileges of other 
proprietors in such plat : And, provided, further, that nothing 
contained in this section shall authorize the closing or obstructing 
of any public highwav laid out according to law. [L. 1817, p. 
167, § 3. 

304. Canceling plat of record] § 8. When any plat or part 
thereof is vacated, the recorder in whose office the plat is recorded 
shall, upon the recording of such vacation, write in plain letters 
across the plat or part so vacated the word "vacated," and shall 
also make a reference on the same to the volume and page in 
which the instrument of vacation is recorded. 

PLATS TO BE RECOKDED, ETC. 

■ 305. Plats of highways, etc., to be made and recorded.] § 9. 
Whenever any highway, road, street, alley, public ground, toll- 
road, railroad or canal is laid out, located, opened, widened or ex- 
tended, or the location thereof altered, it shall be the duty of the 
commissioners, authorities, officers, persons or corporations, pub- 
lic or private, laying out, locating, opening, widening, extending or 
altering the same, to cause a plat thereof showing the width; 
courses and extent thereof, and making such reference to known 
and established corners or monuments that the location thereof 
may be ascertained, to be made, and recorded in the office of the 
recorder of the county in which the premises taken or used for the 
same, or any part thereof, are situated, within six months after 
such highway, road, street, alley, public ground, toll-road, railroad 
or canal is laid out, located, opened, widened or extended, or the 
location thereof altered ; and when any highway, road, street, 
alley, public ground, toll-road, railroad or canal is vacated, the or- 
der, ordinance or other declaration vacating the same shall be in 
like manner recorded. This act shall not be construed to alter or 
affect any law specifically providing for the recording of any such 
plat, or to require the same to be recorded sooner than is so spe- 



DIV. I.] VACATION OF STREETS. 157 

cifically provided ; except that any requirements to record such 
plat in any other place than is provided herein shall not excuse the 
parties from complying with this act. Whoever shall refuse or 
neglect to comply with this section shall forfeit $25, and the like 
sum for every month he shall continue in such refusal or neglect 
after conviction therefor, to be recovered before any justice of the 
peace of the county, in the name of the county, one-half to the 
use of the county and the other half to the use of the person 
complaining. [Rev. Stat. 1845, p. 487, § 33. 

300. Prosecuting offenders.] §10. Whenever it shall come 
to the knowledge of the recorder of deeds of any county that any 
of the provisions of this act have been violated, it shall be his 
duty to notify the state's attorney of the fact, and the state's at- 
torney shah immediately institute suit, and prosecute the same 
to final judgment against the person offending. 



XXI. VACATION OF STREETS, ALLEYS AXD HIGHWAYS. 

AN ACT to revise the law in relation to the vacation of streets and alleys. [Approved March 2i, 
1874. In force July 1, 1874. J Rev. Stat., Ch. 145. 

807. Three-fourths vote required — damages. 
308. Rights of adjoining owners. 

_ 307. Three-fourths vote required— Damages.] § 1. That no 
city council of any city, or board of trustees of any village or town, 
whether incorporated by special act or under any general law, 
shall have power to vacate or close any street or alley, or any por- 
tion of the same, except upon a three-fourths majority of all the 
aldermen of the city or trustees of the village or town authorized 
by law to be elected ; such vote to be taken by ayes and noes, and 
entered on the records of the council or board. And when prop- 
erty is damaged by the vacation or closing of any street or alley, 
the same shall be ascertained and paid as provided by law.(l) [See 
Eev. Stat.. "Eminent Domain," ch. 47. L. 1865, p. 130, § 1. 

(1) "Where a street or alley, tlie fee of wliicli lias passed, to the eorporation by the 

making and recording of a plat, is vacated by the corporate authorities, and its use abandoned 
Ihe fee that was in the city or town will revert to the original owner who dedicated the same| 
and not to the abutting lot owners, and neither the legislature nor the corporate authorities can 
divest such owner of it. The grant of a lot abutting upon such a street or alley is distinguishable 
from a grant of land upon an ordinary highway. In the latter, the public having but an easement 
in the land used as a highway, a grant by the owner passes the title subject to the easement, 
while in the former the titleto the street or alley having passed to the municipality, the original 
proprietor has no title whatever in the same to convey. In the one case, therefore, in vacation 
and abandonment, the grantee takes the title unincumbered bv the easement, wh ile in the other 
he takes no title Vv'hatever beyond the boundaries of his lot. Gebhardt v. Beeves, 75 111. 11., 302. 






158 . CITIES AND VILLAGES. [DIY. I. 

308. Bights of adjoining owners.] § 2. When any street, 
alley, lane or highway, or any part thereof, has been or shall be 
vacated nnder or by virtue of any act of this state or by order of 
the city council of any city or trustees of any village or town, or 
by the commissioners of highways, county board, or other author- 
ity authorized to vacate the same, the lot or tract of land immedi- 
ately adjoining on either side shall extend to the central line of 
such street alley, lane or highway or part thereof so vacated, 
unless otherwise specially provided in the act, ordinance or order 
vacating the same, unless in consequence of more of the land for 
such street, alley, lane or highway having been contributed from 
the land on one side thereof than the other, such division is inequi- 
table, in which case the street, alley, lane or highway so vacated 
shall be divided according to the equities of the adjoining owners. 
[L. 1865, p. 1830, § 1. 



DIV. II.] GENERAL FORMS. 159 



DIVISION II. 

FORMS, AND OTHER USEFUL MATTER RELATING TO 
CITIES AND VILLAGES. 

I. GENERAL FORMS. 

Whilst the provisions of the act for the incorporation of cities and vil- 
lages, in terms refers in general to cities, by the provisions of articie XI, 
it applies as well, to village corporations. See ante p. 114, \ 185. 
Hence most of the forms here given, where the word " city " is used are 
equally applicable in case of villages, by changes to suit the occasion. 

Form of petition to mayor and council to become incorporated as a city 

under general law. 
[See ante p. 17, g 1.] 

To the honorable the mayor and council of the city of , State of 

Illinois : 
The undersigned, comprising one-eighth of the legal voters of the city 

of , State of Illinois, do respectfully petition that you submit the 

question as to whether such city shall become incorporated under the act 
of the general assembly, entitled " An act to provide for the incorporation 
of cities and villages," to a vote of the electors of such city, in accordance 
with the provisions of said act in such cases made and provided. 

Dated this day of , 18—. 

[To be signed by one-eighth of the legal voters of such city.'] 

Evidence should properly accompany the foregoing petition, showing 
that it is signed by the requisite number of legal voters. This may be by 
a certificate of the clerk having custody of the returns of the last pre- 
ceding municipal election. 

The submission of the question to a vote of the electors should be by a 
resolution or order of the mayor and council, entered upon the journal 
of the council. The following is suggested as an appropriate form thereof : 

Form of order of mayor and council, submitting question of incorporation 
under general law, to vote of electors. 

Whereas, the petition of A. B., C. D., E. F. and [state number] others, 
to the mayor and council, is this day presented, praying that the question 

as to whether the city of shall become incorporated under the act of 

the general assembly, entitled " An act to provide for the incorporation of 
cities and villages," be submitted to a vote of the electors of said city in 
accordance with the provisions of said act in such cases made and pro- 
vided. 

And it appearing that said petitioners are legal voters, and that they 
comprise one-eighth of the legal voters of said city voting at the last pre- 
ceding municipal election, the prayer thereof is granted. 

And, thereupon, it is ordered that such question be submitted accordingly, 
and that for that purpose an election be held in the several wards and pre- 



160 CITIES AND VILLAGES. [DIV. II. 



cincts in said city on the day of , 18 — , at the several places of 

holding the last municipal election therein, and that the following persons 
are designated to act as judges at such election, to-wit: A, B, C, etc. 

If the places of holding the last municipal election are not deemed 
proper, other places may be provided, the council having authority to 
appoint the time and place or places at which the vote may be taken. See 
ante p. 18, \ 1. 

Form of notice by mayor to vote on question of incorporation of city under 

general law. 

[See ante p. 18, g 2.] 

ELECTION NOTICE FOR INCORPORATION UNDER GENERAL LAW. 

Public notice is hereby given that, in accordance with a petition for that 
purpose, by the requisite number of legal voters, an election will be held 

in the several wards and precincts of the city of , state of Illinois, 

on the day of , 18 — , at which a vote of the electors will be taken 

on the question as to whether such city shall become incorporated under 
the act of the general assembly, entitled " An act to provide for the incor- 
poration of cities and villages." 

The several places of holding said election have been appointed at, and 
will be held at the following places, to-wit : 

In the first ward at {state the place where']. 

In the second ward, etc., [setting forth the place of holding the election 
in each ward as appointed by the council], 

L. M., Mayor. 

Attest : O. P., City Clerk. 

The election in cases aforesaid should be conducted and the vote canvassed 
in the manner prescribed by the general election law of the state. See 
Haines' Township Organization Laws, Title, Elections. 

Form of returns of votes by judges, cast at election for incorporation oj 

a city. 
[See ante, p. 18, § 3.] 
State of Illinois, \ _ 

City of . / ss - 

At an election held at [state the place, city, ward and precinct] on the 

day of , 18 — , to decide whether the city of will become 

incorporated under the general law of the State of Illinois, for the incorpora- 
tion of cities and villages, the following number of votes were cast for and 
against said proposition, to wit : 

There were cast, "For city organization under general law," [state the 
number,] votes. 

There were cast " Against city organization under general law," [stato 
the number,] votes. 

Certified by us : 

A. B.) 

C. D. \ Judges of Election. 

E. F.J 



Attest: g ; H ; | clerks> 



DIY. II.] GEXEKAL FORMS. 161 



Form of result of canvass of votes for incorporation of city under general 
law, to be entered on records of city. 

State of Illinois, \ 

City of . / ss * 

Be it know that one-eighth of the legal voters of the city of , voting 

at the last preceding municipal election, having on the day of •, 

18 — , petitioned the mayor and council thereof to submit the question as to 
whether such city would become incorporated under the act of the General 
Assembly, to provide for the incorporation of cities and villages, to a vote 
of the electors in such city, and said question having been duly submitted 

to a vote thereof, on the day of , 18 — , and said vote being taken 

at the election for that purpose duly held in said city on the day last afore- 
said, and the returns being duly made and canvassed, the following is the 

result thereof: For city organization under general law, votes were 

cast ; Against city organization under general law, votes were cast. 

There being a majority of votes in favor [or against] of city organiza- 
tion under general law. 

The law provides that a certified copy of the result of any election for in- 
corporating under the general law, shall, within three months after organ- 
ization, be filed in the office of the recorder of deeds of the county, and 
also in the office of the Secretary of State. See ante, p. 24, \ 13. The fol- 
lowing may be the form of the certificate in such cases : 

Form of certificate to accompany copy of result of election. 
State of Illinois, 

City of . 

I, A. B., city clerk of said city of - — , do hereby certify that the fore- 
going is a true and correct copy of the original entry thereof as the same 
appears entered upon the records of said city, now in my custody. 

— ' — -, . In witness whereof, I have hereunto set my'hand, and affixed 

l. s. \ the seal of said city, this day of , 18—. 

—v— ' j A. B., City Clerk. 

In case an incorporated town desires to become incorporated as a city, 
under the general law, according to \ 4, ante p. 19, the forms before given 
for changing from a city charter, can be used in this case, by slight 
changes to suit the case of an incorporated town. 

Form of petition to county judge for organization of city of contiguous 

territory. 

[See ante, p. 19, \ 5.] 

To the county judge of county, Illinois: 

The undersigned petitioners respectfully represent that they are legal 
voters residing within the following contiguous territory situated in said 
county, in area not exceeding four square miles, and which has resident 
thereon a population of not less than one thousand inhabitants, and is not 
already included within any incorporated town or city, to wit: [Here 
describe the territory by government sub-divisions or other mode as may 
be most convenient.'] That it is desired that said territory may become 
incorporated as a city, and that the following are defined as the bounda- 
ries thereof, to wit: [Here set forth the proposed boundaries.] That the 
.number of inhabitants residing within such limits is [state the number] 

11 



162 - CITIES AND VILLA.GES. [DIY. II. 

; and that the name of such proposed city is [state the name}. Said peti- 
tioners therefore pray that the question be submitted to the legal voters 
residing within such limits, whether they will organize as a city under the 
act of the general assembly providing for the incorporation of cities and 
villages. And said petitioners will ever pray, etc. 

JForm of notice by county judge of election for incorporation of city of 

contiguous territory. 

[See ante, p. 20, g 5.] 

Public notice is hereby given, that a petition having been on the day 

• of , 18 — , filed in the office of the county clerk of county, Illi- 
nois, addressed to the county judge of said county, signed by fifty legal 
voters of the following contiguous territory in said county, to wit: [Set- 
forth the territory as in the petition.} Setting forth in said petition that it 
"is desired that said territory may become incorporated as a city, with the 
following boundaries to wit : [Set forth the boundaries as in the petition.} 
That the number of inhabitants residing within such limits is [state the 
number}. That the name of such proposed city is [state the name}; and 
praying that the question be submitted to the legal voters residing within 
such limits, whether they will organize as a city under the incorporation 
act of the General Assembly, providing for the incorporation of cities and 
villages. That said county judge has fixed the time and place within the 
boundaries aforesaid, at which an election may be held to determine such 
question, and named the persons to act as judges in holding the same, to 
wit: A., B. and C.; and that, in accordance therewith, an election will be 

held on the day of , 18 — , at , within the territory aforesaid, 

to determine the question aforesaid. 

Given under my hand this day of -, 18 — . 

L. M., County Judge. 

The canvass of votes in case of election for incorporation of a city of con- 
tiguous territory, may be conducted in the manner heretofore given for 
■ canvassing votes in like case. See ante, p. 154. 

Form of result of election in contiguous territory to become incorporated, 
to be entered on records of county court. 

[See ante, p. 20, \ 5.] 

: State of Illinois, \ cc 

County. / ss * 

Be it known that a petition having been on the day of , 18—, 

filed in the office of the county clerk of said county, addressed to the county 
judge of such county, signed by fifty legal voters of the following contigu- 
ous territory in said county, to wit : [Set forth the territory}. Setting forth 
in said petition that it is desired that said territory become incorporated as 
a city, with the following boundaries, to wit : [State the boundaries} . That 
the number of inhabitants residing within such limits was [state the num- 
ber}. That the name of such proposed city be [state the name} ; and pray- 
ing that the question be submitted to the legal voters residing within such 
limits, whether they would organize as a city under the incorporation act 
of the General Assembly, providing for the incorporation of cities and vil- 
lages. That the county judge fixed upon the day of , 18—, as 

the time, and [state the place} as the place within the boundaries afore- 
said, at which an election might be held to determine the question afore- 
said, and. named the persons to act as judges in holding the same, to wit: 



DIV. II.] GENERAL FORMS. 163 

A., B. and C. That in accordance therewith, the county judge, on the- 



day of , 18 — , gave notice of such election by causing ten notices to 

be posted in public places within such proposed citj\ That upon a can- 
vass of the returns of such election duly made, the following is the result 
thereof: There were cast at said election, "For city organization under 

general law," votes. " Against city organization under general law," 

votes. 

It is proper that the action of the president and board of trustees of a 
town, in calling and giving notice of the election of city officers, in chang- 
ing to a city organization, under g 7 ante p 21, should be entered upon the 
journal of the proceedings of the board. The following may be the form 
of such entry: 

Form of entry on journal of trustees of a town in calling and giving notice of 

city election. 
[See ante, \ 7, p. 21.] 

Whereas, at an election duly held in the incorporated town of , [or 

village of ■* ], on the day of , 18 — , to determine whether 

said town [or village] would become incorporated as a city; and it appear- 
ing by the returns of said election duly canvassed, that the result thereof 
was in favor of becoming incorporated as a city, an election is hereby called 
for city officers, to be held on the day of , 18 — , and that the fol- 
lowing be the places of holding such election, to wit: [here state the place 
or places designated] ; and that notice of said election be given by [state 
the manner of giving notice, according to \ 7, ante, p. 21]. 

That the following persons are appointed judges to hold such election, 
to wit: . 



And that the following persons are appointed clerks, . 

Form of notice by president and trustees for election of city officers, in case 
of change of organization. 

[See ante, p. 21, § 7.] 

NOTICE OF ELECTION OF CITY OFFICERS. 

Whereas, the legal voters of the incorporated town of , did, at an 

election held therein on the day of , 18 — , vote to become incor- 
porated as a city under the general laws of this state. 

Notice is therefore hereby given by the president and board of trustees 
of said town, that an election has been called, and will be held in said town 

of , on the day of , 18 — , at the following places, to wit: 

[here set forth the place or places of holding the election,'] for the election 

of the following city officers, to wit: one mayor, aldermen, a city 

clerk, a city attorney, and a city treasurer. 

Dated this clay of , 18 — . 

[To be signed by the president and trustees']. 

For forms of canvass of votes and entry of result on the records, see 
form given for annual city elections. 

Where it is voted by the inhabitants of contiguous territory to become 
incorporated as a city, under $ 5, ante, p. 19. It is provided by $ 8, ante, 
p. 22, that the county judge shall give notice of the first city election, and 



164- CITIES AXD TILLAGES. [SIT. II. 



proper other duties relating thereto. The forms given for action of board 
of trustees, in regard to the first city election, may be used in action by the 
county judge by changes to suit the occasion. 

Form of copy of proceedings where city or village becomes incorporated 
under general law, to be filed with recorder. 
[See ante, § 13, p. 24.] 
State of Illinois, \ ao 

City of .; ss - 

Council Chamber, , 18—. 



The city council of met at a regular [or special] meeting, at 



at the hour of o'clock, — . m., , 18 — ; the following aldermen 

being present: [Names of aldermen present]. 

A quorum being present, the council proceeded to business ; the mayor 
presiding, [or as the case may be]. 

The following among other proceeding were had : 

Aid. A. moved that the council proceed to canvass the returns of the 

election, held in said city on the day of , 18 — , on the question 

as to whether said city should become incorporated under the general in- 
corporation law of this state. 

Which was decided in the affirmative. 

AVhereupon, the council proceeded accordingly to canvass the returns 
aforesaid, and having duly canvassed the same, declared the following as 
the result thereof: [Here set forth a copy of the entry of the result of the 
election, as the same appears]. 

On motion of Aid. B., it is ordered that the city clerk file in the office of 

the recorder of deeds of county, a certified copy of the entry made 

aforesaid, of the canvass of the votes showing the result of the election 
aforesaid, and a like copy in the office of the secretary of state, within the 
time prescribed by law. 

Form of certificate of city or village clerk to the foregoing transcript. 

State of Illinois, 

City of . 

I, A. B., city clerk of said city of— — , do hereby certify that the fore- 
going [or annexed] transcript is a true copy of the original entry thereof, 
as the same appears entered upon the records of said city, now being and 
remaining in my said office of city clerk. 
r , — ' — v . In witness whereof, I have hereunto set my hand and affixed 

< l. s. y the seal of said city, this day of , 18 — . 

l w v -^J A. B., City Clerk. 

The foregoing form of transcript and certificate can be changed to suit 
the occasion of proceedings by a board of trustees or the county judge. 

Form of journal of proceedings of city council. 
[See ante p. 30, § 40.] 



ss. 



ss. 



State of Illinois, 

City of . 

Council Chamber, , 18—. 

The city council of the city of met at , at the hour of 

o'clock — M., , 18—. The following aldermen being present : [Set 

forth the names.] 



DIV. II.] GENEEAL FORMS. 165 



The following aldermen were absent : [Set forth the names.'] 

A quorum being present, the council proceeded to business, the mayor 
presiding ; [or the mayor being absent, alderman A. was chosed to preside 
in his absence]. 

Aid. B. presented the petition of James Jackson, Asa Jenkins, Peter 
Wilkins and one hundred others, praying that a sidewalk be constructed 
on the north side of First street, which, on his motion, was referred to 
the committe on streets. 

Aid. G., from the committee on finance, to whom was referred the mat- 
ter of the following resolution : 

Resolved, That . 

Reported the same back, with the recommendation that it be adopted. 

The report was concurred in, and the resolution was adopted. 

Aid. E., from the committe on , to which was referred a proposed 

ordinance No. — , entitled, "An ordinance," etc., reported the same back, 
with the recommendation that the same do pass. 

And the question being on the passage thereof. 

The yeas and nays being taken, it was decided in the affirmative [or 
negative] . 

Yeas 10 

Nays 5 

Those voting in the affirmative were [state the names']. 

Those voting in the negative were [state the names] . 

So the ordinance was passed. 

Aid. F., from the select committee of three, to whom was referred the 
following resolution : 

Resolved, That, etc. 

Reported the same back, with the recommendation that it be adopted. 

The report was concurred in, and the resolution adopted, [or 

The report was not concurred in, and the resolution was lost]. 

On motion of Aid. G. a committee of three was appointed, consisting of 
aldermen C, D. and F., to prepare and report an ordinance on the subject 
of . 

Aid. B. introduced an ordinance entitled, " An ordinance," etc., which, 
on his motion, was referred to the committee on . 

Aid. C. offered the following resolution : 

Resolved, That [set forth the words of the resolution]. 

Which was adopted, [or which was not adopted, or which, on motion of 
Aid. E., was laid on the table, as the case may be, or which, on motion of 
Aid. D., was referred to the committee on ]. 

The presiding officer laid before the council the following communica- 
tion from the mayor, the same being his objections to an ordinance en- 
titled, "An ordinance," etc., passed at the last regular meeting of the 
council. Said ordinance being returned therewith. Said communication 
being as follows : 

[Here set forth the veto message.] 

And the question recurring upon the reconsideration of said ordinance, 
entitled, "An ordinance," etc., the question being, "Shall such ordinance 
pass, the. mayor's objections to the contrary notwithstanding?" it was 
decided in the affirmative. 

Yeas 15 

Nays 1 

Those voting in the affirmative were [state the names.] 

Those voting in the negative were [state the names]. 

So the ordinance was passed, the mayor's objection to the contrary not- 
withstanding. 



166 CITIES AND TILLAGES. [DIY. II. 



Aid. F. offered the following resolution : 

Besolved, That, etc. 

Aid. P. offered the following amendment to the foregoing resolution. 
Add thereto the following words : 

[Mere insert the words.] 

Aid. EL moved to amend the amendment by adding thereto the follow- 
ing words : 

[Here insert the words.'] 

Aid. J. i moved to refer the resolution and pending amendments to the 
committee on . 

Aid. L. moved to lay the whole subject on the table. 

Whereupon, Aid. N. moved that the council adjourn. 

Which motion to adjourn was decided in the negative. 

The question being taken on the motion of Aid. L., to lay the resolution 
and pending amendments on the table, it was decided in the negative. 

The question being thereupon taken on the motion of Aid. J., to refer 

the resolution and pending amendments to the committee on , it was 

decided in the negative. 

The question thereupon recurring on the amendment of Aid. H. to the 
original amendment, it was lost. 

And the question being taken on the amendment of Aid. G., to the res- 
olution last aforesaid, it was also lost. 

And the question recurring upon the adoption of the original resolution, 
it was decided in the affirmative. 

So the resolution was adopted. 

On motion of Aid. B., the council adjourned. 

The foregoing is a general form of entry of proceedings where no rules 
on the subject have been prescribed. The form of entries and order of 
business will be varied in case rules are adopted on the subject. Where 
special rules exist, affecting the order of the proceedings, the entries in 
this regard are expected to conform thereto. 

In case of reports of committees, where the subject referred to them is 
in the form of resolution, ordinance, or the like, and the only recommen- 
dation is that the resolution be adopted, or that the ordinance do pass ; 
there is no separate motion to concur in the report. The only recommen- 
dation being the adoption of the measure or resolution proposed, the 
question should be taken directly on its adoption. This being decided 
it disposes of the whole question of the report. The formal motion to 
adopt or concur in the report of a committee arises where a committee 
reviews the subject referred to them, and submit their views or conclu- 
sions in a general way. A formal vote on adopting or concurring in the 
report of the committee in such case goes to the subject of the views and 
conclusions expressed in the report. If the report is accompanied by a 
resolution, ordinance, or other like proposition, the proper mode is that a 
separate vote be taken on the adoption or passage thereof, in the usual 
form, as in other cases. 

When a resolution, ordinance or matter of that nature is referred to a 
committee, and the same is reported back, the usual practice under special 
rules is, that the subject, or matter so reported, be placed in some order of 



DIY. II.] GENERAL FORMS. 167 



business, io be taken up and acted on when that order of business is 
reached. The matter is not expected to be disposed of at the time of 
making the report, unless the rules are suspended for that purpose. But 
in the absence of special rules on the subject, the matter reported will 
be in order for action in accordance with the exanrples given in the pre- 
ceding precedents. 

In the preceding form it will be observed that an example is given of 
entries in the journal of proceedings, where, while the principal proposi- 
tion is pending, several subsidiary motions are interposed, all of which is 
liable to occur in an assembly of experienced parliamentarians. (1) 

It is not intended to be understood, in giving the foregoing examples of 
entry of proceedings, that other forms sometimes used are not equally 
proper. The mode of expression and style of entering the proceedings in 
the examples given is believed, however, to be the most proper form for 
such proceedings, in use by deliberative assemblies. 

A form of entering motions prevails to some extent as follows: 

Aid. A. moved that the select committee on , to whom was refer- 
red the matter of — , be discharged from further consideration of said 

subject. Carried, [or lost]. 

A shorter and equally appropriate form of entering the foregoing motion 
would be thus : 

On motion of Aid. A., the select committee on , to whom was re- 
ferred the matter of were discharged from further consideration of 

said subject. 

The foregoing form of proceedings will serve as well in proceedings by 
boards of trustees of villages, by changing the word "city" to "village;" 
the words, "city council," to "board of trustees*" and the word "Aid." 
may be properly changed to "Mr." 

In parliamentary law, governing deliberative assemblies, the same as in 
the law relating to judicial proceedings, there are certain technical words 
and terms which in good practice should be observed. They should es- 
pecially be regarded in entering proceedings in the journal. In speaking 
of ordinances, we say : The ordinance has jiassed, [or, is rejected.] The res- 
olution is adopted, [or, is lost.] The motion was decided in the affirmative, 
[or prevailed, or, was lost, or, was not agreed to, or, was decided in the 
negative.] The report was concurred in, [or was not concurred in.] 

In the introduction of business in deliberative assemblies in observing 
parliamentary terms, petitions are presented, resolutions are offered, and 
ordinances are introduced. In good practice these terms should be 
observed accordingly as well in debate as in the entry of the proceedings 
on the journal. 

(1) An excellent precedent for a journal of proceedings of a deliberative assembly, is found in 
the journal of the proceedings of the constitutional convention of Illinois, in 1809-70. This body 
contained a large nuniuer ui experienced parimineiua.ria.iia, ana me clerks were men of much 
experience in the capacity in which they acted. 



168 CITIES AND VILLAGES. [DIT. II. 

Special Meetings. — The manner of calling special meetings of the 
council should be regulated by ordinance on that subject. In the absence 
of such regulation, the proper mode of proceeding would be a written 
notice, signed by the mayor, or three aldermen, delivered to each alder- 
man, or left at his place of business or abode, or addressed to him through 
the post-office. 

The following may be the form of such notice : 

Form, of notice of special meeting of council. 

[See ante, p. 31, § 45.] 

City of . 

To A. B., Alderman. 

Sir: — You are hereby notified that the undersigned, the may- 
or of said city of , [or three aldermen], have called a special meeting 

of the city council, to meet at , at the hour of o'clock, — . m., on 

the day of , 18 — . 

Dated this day of , 18—. A. B., Mayor. 

The general incorporation law does not require that the object of a 
special meeting of the city council shall be stated in the notice of the same. 

Form of objections or veto of mayor 
[See ante, p. 31, §46-] 

To the city council of the city of . 

An ordinance having been passed by the city council, at the last meeting 
thereof, entitled : "An ordinance," etc., [set forth the title of the ordi- 
nance'], and the same being deposited in the office of the city clerk, and 
having duly examined its provisions and considered the same, I herewith 
return said ordinance to the council without my approval, and with my 
objections thereto, as follows : [Here set forth the objections]. 

A. B., Mayor. 

Minority Representation.— It is held that, at the first election 
for city officers under the general law, the question of minority represen- 
tation, so called, may be voted upon as a matter of course, without any 
formal submission of the question by the corporate authorities ; see ante, 
p. 3-i, note 1 ; But submission of the question at any subsequent time re- 
quires a petition, and contemplates action by the city council. 

The following forms are suggested for this purpose : 

Form of petition for minority representation in city council. 

[See ante, p. 33, § 53.] 

To the honorable, the city council of the city of , State of Illinois. 

The undersigned petitioners, legal voters and equal in number to one- 
eighth the number of legal votes cast at the next preceding general city 
election in said city, respectfully petition that the question of minority 
representation in the city council so called, may be submitted to a vote 
of the voters of said city, in accordance with the statute in such cases made 
and provided. 

And said petitioners will ever pray. 



DIY. II. 1 GENERAL POEMS. 1C9 



State of Illinois, , 



Form of submission by city council, of question of minority representa- 
tion to a vote at city election. 

City of- — I/' 

Whereas, a petition of legal voters equal in number to one-eight the 
number of legal votes cast at the next preceding general city election in 
said city having been presented to the city council, praying that the ques- 
tion of minority representation in the city council, so called, be submitted 

to a vote of the voters of the city of -, pursuant to the statute in such 

case made and provided. It is therefore ordered, that said question be 
and the name is hereby submitted, to be voted upon by the voters of said 
city at the next general election, to be held on the day of , 18 — . 

Holding Elections. — The law provides that the city council shall 
designate the places of holding city elections, and appoint the judges and 
clerks thereof. See ante p. 35, \ 56. The action of the council in this 
regard should be entered on the journal of their proceedings, as in other 
cases. The form of such entry will be simple, and a precedent here would 
seem to be unneccessary. The city clerk should be directed to give notice 
of the election. The following may be the form of election notice. 

Form of notice of city election. 

[See ante p. 35, § 56.] 

ELECTION NOTICE. 

Notice is hereby given that on [give the date] at [give the place of hold- 
ing the election and the names of the precinct, ivard or district] in the city 

of , an election will be held for [give the title of the several offices to 

be filled], which election will be opened at eight o'clock in the morning, 
and continue open until seven o'clock in the afternoon of that day. 

Dated this day of , IS—. 

A. B., City Clerk. 

Form of oath of judges and clerks of election. 
I do solemnly swear [or affirm, as the case may be] that I will support 
the constitution of the United States and the constitution of the State of 
Illinois, and that I will faithfully discharge the duties of the office of 
judge of election [or clerk, as the case may be] according to the best of my 
ability. 

Form of canvass and return of votes by judges of election, at a city or vil- 
lage election. 
At an election held at [state the place, and number of the ivard] , in the 

city [or village] of , in the State of Illinois, on the day of , 

in the year of our Lord one thousand eight hundred and , the follow- 
ing named persons received the number of votes annexed to their respec- 
tive names, for the following described offices, to-wit: 

O. P. had votes for alderman of the first ward of said city. 

[And in the same manner for any other person voted for.] 
Certified by us : 

A. B., 

C. D., j Judges of Election. 
E. F. 
Attest: G. H. 



\ Clerks of Election. 






170 CITIES AND VILLAGES. [DIY. II. 

Statement of canvass of votes at a city or village election, to be entered on 

the journals. 
State of Illinois, \ 

City of — . / Sfo - 

The following is a statement of the canvass of the returns of an election 
as made pursuant to law, by the judges thereof, at an election held in the 

city of [or village of], in the State of Illinois, on the day 

of , 18 — ; it appearing therefrom that the following persons received 

the number of votes set opposite their respective names, as follows, to- 
wit : % 

A. B. received votes for mayor. 

C. D. received votes for mayor. , 

[And so on, according to the facts."] 

It is thereupon declared as the result of said election, that A. B., having 
received the highest number of votes for the office of mayor, is duly 
elected to said office. 

[Stating the result as to each office.] 

Special Elections.— The foregoing forms for general elections can 
be used for special elections, with slight changes to suit the occasion. 

Form of notice of special election by mayor, clerk, aldermen or trustees, 

[See ante p. 36, § 60. 
SPECIAL ELECTION NOTICE. 

Notice is hereby given that by reason of vacancies which have occurred 

in the office of aldermen, in the following wards of the city of , State of 

Illinois, as follows, to-wit: [here set forth the wards, by number, in which 
vacancies exist, and whether one or more vacancies]. So that there is not 
a quorum in office of the city council [or board of trustees]. The under- 
signed, the mayor of said city, has therefore appointed the day 

of , 18 — , as the time at which a special election will be held in said 

city, to fill the various vacancies aforesaid, in the wards and at the places 
following, to-wit : 

In the first ward of said city at , for the election of one alderman. 

In the second ward of said city at , forthe election of two aldermen. 

[And so on according to the facts.] 

Given under my hand this day of , 18 — . 

A. B., Mayor. 

Form of appointment of judges of election by mayor, clerk, alderman, etc. 
State of Illinois, \ DO 

City of .| ss * 

To A., B, andC: 

By reason of vacancies which have occurred in the office of aldermen 

in the following wards of said city of , as follows, to-wit : [here set 

forth the ivards by number, showing the vacancies, as in the notice of elec- 
tion]. So that there is not a quorum in office of the city council [or 
board of trustees]. The undersigned, the mayor of said city, has therefore 
appointed the day of , 18 — , as the time at which a special elec- 
tion will be held in said city to fill the various vacancies aforesaid, and 
does hereby appoint you, the above named A., B. and C, as judges of 
election, to be held in the first ward of said city, which election is appoin- 
ted to be held at • -, in said ward. 

Given under my hand this day of , 18—. 

A. B., Mayor. 



DIV. H.] GENERAL FORMS. 171 



The judges in making their returns of the election in the foregoing case 
should annex the writing of their appointment, so that it may appear by 
what authority the election is held. This proceeding being special, and 
authorized only where the facts exist recited by the statute, it should be 
made to appear in the proceedings affirmatively that the facts do exist, as 
set forth in the foregoing forms of election notice and appointment of 
judges. The election should be conducted and returns made and canvassed 
as in case of a regular election. 

Form of notice to persons elected or appointed to office. 
[See ante, p. 35, \ 59.] 

City of . 

To A. B. 

You are hereby notified that at the election held in said city 

of , on the day of , 18 — , you was elected to the office 

of .-. 

Dated this day of— , 18—. C. D., City Clerk. 

The foregoing form can be varied to suit the occasion of appointment to 
office. 

Form of clerk's certificate to prove ordinance. 

[See ante, p. 65, § 65 ; p. 74, § 82.] 

State of Illinois, \ 

City [or Village] of . / ss * 

I, A. B., clerk of said city [or village] of , do hereby certify that 

the foregoing [or annexed] is a true and correct copy of the original ordi- 
nance, entitled "An ordinance," etc., now remaining on file in my office, 
as clerk aforesaid, and that the same is a true and correct copy of the 
record of said ordinance, as the same appears recorded by the clerk of said 
city [or village], in a book kept for that purpose. 

f r — » — -v . In witness whereof I have hereunto set my hand and affixed 
-J l. s. \ the corporate seal of said city [or village] of , this 

c ^—< J day of , 18—. A. B., City Clerk. 

Form of official bond of city officers. 
[Seeanfe,p.72,g74.] 
Know all men by these presents, that we, A. B. as principal, and C. D. 

as security, are held and firmly bound unto the city of [or village 

of ] in the sum of dollars, which well and truly to be paid, 

we bind ourselves, our heirs, executors and administrators, and each of 

them, firmly by these presents. Sealed with our seals, and dated this 

day , 18—. 

The condition of the above obligation is such that whereas the above 
bounden, A. B., has been elected to the office of [state the office], in and for 

said city of . 

Now, therefore, if the said A. B. should faithfully perform the duties of 
said office, and shall pay over all moneys received by him as such officer, 
according to law and the ordinances of such city [or village], then this 
obligation to be void ; otherwise to remain in full force and effect. 

A. B. [i,. s.] 
C. D. [l. s.] 



172 CITIES AND VILLAGES. fDIV. II. 



Official bonds are required to be approved by the city council or board of 
trustees. Such approval should be entered upon the journal of their pro- 
ceedings. 

Form of resolution fixing the amount of official bond. 

Resolved, That the penal sum of the official bonds of the following city 
[or village] officers be and the same is hereby fixed at the following 
amounts : 

That of mayor shall be dollars. 

That of city treasurer shall dollars. 

[And so on, fixing the amount of each, as may be determined.] 

The action of the council in fixing the amount of official bonds may be 
in the form of an ordinance, if desired. The law provides that it may be 
by either resolution or ordinance. See ante p. 72, \ 74. 

Form of commission of city or village officers. 
[See ante p. 72, § 76.] 

State of Illinois, ) _ 
City of 



To all unto whom these presents shall come, greeting : 

Know ye that [name of officer] having been, on the day of , 

18 — , duly elected [or appointed] as [state the title of the office] in and for 

said city of — -, and having taken the oath of office and given bonds 

as required, he is hereby commissioned to act and exercise the authority 

of said office until the day of , 18 — , and until his successor 

shall be elected [or appointed] and qualified. 

, <—*— -v . In testimony whereof this warrant is signed by the clerk and 
\ L. s. \ mayor of said city, and the corporate seal thereof is hereunto 

1 >— , — ' j affixed this day of , 18—. 

A. B., Mayor. 
C. D./City Clerk. 

In case of a village, insert the word "village," in the foregoing form in 
place of "city," and " president of the board of trustees," instead of 



Form of certificate of election, or appointment of clerk, by mayor or 

president of trustees. 

[See ante p. 72, \ 76.] 

State of Illinois, \ ee 

City of ./ ss - 

I, A. B., mayor of said city of , do hereby certify that C. D. was, 

on the day of , 18 — , duly elected [or appointed] to the office of 

city clerk of said city, and having taken the oath of office, and given bond 
as required, he is entitled to act and exercise the authority of said office 

until the day of , 18—, and until his successor shall be elected 

and qualified. 
( r — ^-^ . In witness whereof, I have hereunto set my hand, and affixed 

\ l. s. \ the corporate seal of said city of , this day of , 

<- w, — - > 18—. A. B., Mayor. 



DIY. II.] GENERAL FORMS. 173 

Form of notice by successor in office, to deliver books, etc. 
[See ante -p. 72, §76.] 

State of Illinois, \ 



City of - 
To C. IX, formerly [title cf office] of said city of . 

You are hereby notified that I, A. B., having been elected [or appointed] 
to the office of [title of office], as your successor, and having duly qualified 
as such, do request that you deliver to me all property, books and effects 

of every description in your possession belonging to said city of , [or 

village], or appertaining to said office of — . 

Dated this day of , 18—. A. B. 

Form of treasurer's report to city council or board of trustees. 
[See ante p. 80, g 97.] 

The city or village treasurer is required to report to the city council or 
board of trustees, a full and detailed account of all receipts and expendi- 
tures of the corporation, as shown by his books. No particular form can 
be given as a guide in making up such report, as each case will of neces- 
sity be different from another. The report should be addressed "to the 
city council," or "board of trustees," as the case may be, and show in de- 
tail, in the simplest form, the amount of money received, followed by the 
amount paid out in detail, showing the balance on hand. The report is 
required to show the account from the beginning to the close of the fiscal 
year; that is, the current or municipal year. This, by law, commences at 
the date of the annual election, or as may be fixed by ordinance. See ante 
p. 77, § 88. 

Form of warrant on city or village treasurer for payment of money. 

[See ante p. 80, § 98.] 



No. 



State of Illinois, 

City of . r a ' —18- 

To the treasurer of said city of . 

Pay to A. B., or order, the sum of dollars, out of the fund for 

[state the fund or appropriation], to which this warrant is chargable. 

C. D., Mayor. 

Countersigned: E. F., City Clerk. 

In all disbursements for city or village expenses, or on account of appro- 
priations, a voucher should be taken by the clerk, or other officer having 
the matter in charge, from the person to whom the payment is made. 
This may be in the form of a bill followed by a receipt. It may be in the 
following form, showing an itemized account: 

It is generally required that some officer designated shall approve or 
certify to the correctness of accounts before payment. In the following 
form it is designed that the items of account shall be set forth as in any 
other case of rendering an account. 



174 



CITIES AND TILLAGES. 



[DIV. II. 



Form of voucher for disbursements by city or village. 

No. 



State of Illinois, > 
City of , 5 



City of 

187—. To 



Dr. 




Received 
for 



— , 18 — , from C. I)., [title of office,] treasury warrant, No. 
dollars, in full payment of the above account. 



I certify the above .to be correct. 



A. B. 



;) 



Form of certificate to county clerk of amounts to be raised by taxation. 

[See ante p. 85, § 111, p. 103, \ 158.] 

State of Illinois, 

County, 

City of - 

I, A. B., city clerk of said city of , do hereby certify that, at a 

meeting of the city council of said city, held on the day of , 18 — , 

an ordinance was passed, entitled, "an ordinance, " etc., which has been 
duly approved, and the same is now in force, requiring the following 
amounts to be raised by taxation in said city, for the current fiscal year, 
for the following purposes to wit: For interest on the city debt, and sink- 
fund, thousand dollars; for engineer department, thousand 

dollars; [and so on according to the facts]. 

The aggregate amount of which is thousand dollars. 

A copy of which ordinance aforesaid is hereunto annexed, which I cer- 
tify to be a true copy of the original thereof now remaining in the office 
of the city clerk of said city. 
r , — ' — , In witness whereof, I have hereunto set my hand and affixed 

■J l. s. V the seal of said city, this day of — , 18—. 

1 ' — , — ' J A. B., City Clerk. 



Special Assessments — The following forms, given in cases of 
special assessment, are taken from those in use in the city of Chi- 
cago, where they have been the subject of judicial determination, wherein 
they have been sustained ; from which they are considered reliable. 

Special assessments for local improvement are made in pursuance of 
some ordinance, providing for such improvement and authorizing such 
special assessment therefor. The proceedings will be regulated to some 
extent by the terms of the ordinance. See ante p. 95, \ 123. 



DIY. II.] 



GENERAL FORMS. 



175 



Form of petition to county court, for special assessment. 

[See ante p. 96, g 137.] 

State of Illinois. \ 

Cook County. / ss * 
To the honorable the county court of Cook county, Illinois: 

Your petitioner, the city of Chicago, respectfully shows that heretofore, 

to-wit: on the day of , A. D. 18—, the city council of said city 

did pass an ordinance providing that [recite the ordinance for the proposed 
improvement], a certified copy of which ordinance, and of the approval 
thereof by the mayor of said city, is hereunto annexed and made part 
hereof. 

That the commissioners appointed by said council to make an estimate 
of the cost of the improvement contemplated by said ordinance heretofore, 

to-wit: on the day of , A. D 18—, made a report to said city 

council, (which was afterwards approved by said council,) estimating such 

cost at $ , a true copy of which report is annexed hereto, and made a 

part hereof. 

Your petitioner prays that the cost of said improvement may be assessed 
in the manner prescribed by law. 

A. B., Counsel to the Corporation. 

The foregoing petition may be used in condemnation cases, so called, 
under Art. IX, ante p. 89, by slight changes to suit the occasion. 

Form of assessment roll of special assessment by commissioners. 

[See ante p. 97, g 140.1; 

Assessment roll, made by the commissioners appointed by the county 
court of Cook county, to assess the cost of [here recite the contem- 
plated improvement for ivhich the assessment is made]. Showing a des- 
cription of the real estate deemed by said commissioners specially bene- 
fited by said contemplated improvement, and also showing a description of 
each lot, block, tract or parcel of land, and the amount assessed by said 
commissioners as special benefits thereto, the names of the respective own- 
ers thereof so far as known, and the amount found by said commissioners 
as public benefit and assessed to said city of Chicago. 





NAME OF OWNER. 


PART OR LOT OP LAND. 






Block. 


ASSESSMENT. 






Dollars. | Cts. 



















A. B. ") Commissioners appointed by the 
C. D. y county court of Cook county, 111- 
E. F.J inois, to make said assessment. 



The foregoing blank, for name of owner, description of property, etc., 
will be carried forward on several sheets as the number of names and 
description of property may demand. The commissioners should properly 
sign their names at the end of the list. 



176 CITIES AND TILLAGES. [DIY. II. 



Form of commissioner 1 s certificate to assessment roll of special assess- 
ment. 
[See ante p. 97, § 140.] 

Chicago, , 18 — . 

The undersigned, commissioners, appointed by the county court of Cook 
county, to assess the cost of {state the contemplated improvement], do 
hereby certify that they have completed the foregoing assessment roll, 
showing a description of the real estate by them deemed benefited by said 
contemplated improvement; also showing description of each lot, block, 
tract or parcel of land, and the amount assessed by them as special bene- 
fits thereto, the names of the respective owners thereof so far as known, 
and the amount found by said commissioners as public benefit and 
assessed to said city of Chicago. That, before proceeding to make said 
assessment, they were duly qualified before entering upon their duties, as 
appears by the oath hereunto attached; that they examined the locality 
where the said improvement is proposed to be made, and the lots, blocks, 
tracts and parcels of land wiiich will be specially benefited thereby, and 
did estimate what proportion of the total costs of said improvement will be 
of benefit to the public, and what proportion thereof will be of benefit to 
the property to be benefited, and did apportion the same between the city 
of Chicago and such property so that each shall bear its relative equitable 
proportion. 
The amount so estimated and apportioned to said city being the sum of 

$ -, and the amount so estimated and apportioned to property to be 

benefited, being the sum of $ . That, having found said amounts, 

they did apportion and assess the amount so found to be of benefit to the 
property, upon the several lots, blocks, tracts and parcels of land, in the 
proportion in which they will be severally benefitted by said improvement ; 
and that no lot, block, tract or parcel of land has been assessed a greater 
amount than it will be actually benefited by said improvement. 

A. B. 1 Commissioners appointed by the 
C. D. >■ county court of Cook county, 111- 
3S. F. J inois, to make said assessment. 

Form of commissioner's affidavit of sending notice by mail. 

[See ante p. 99, § 142.] 

State of Illinois, \ 
Cook County. J ss * 
This affiant, A. B., being duly sworn, upon oath says, that affiant and 
C. D. and E. F. were hertofore appointed by the county court of Cook 
county, commissioners to assess the cost of {state the contemplated im- 
jirovement], and that said commissioners did cause to be sent by mail, to 
the owners whose premises have been assessed by said commissioners, and 
whose names and place of residence were known to them or either of them, 
the notice required by law to be sent by mail to the owners of premises 
assessed. A substantial copy of said notice being as follows : "Mr. (here 
the name was inserted) your (here a description of the premises was in- 
serted) is assessed $ (here the amount of assessment on the pr mis s w T as 
inserted) for public improvement. The assessment roll will be returned 

to the term of the county court of Cook county, Illinois. 

(Date was here given. 

A. B., Commissioner. 

( ^—*-^ j Sworn and subscribed to before me this day of , 

l. s. A. D. 18—. 






G. H., Notary Public. 



DIY. II.] GEKEKAL FOEMS. 177 

Form of affidavit of posting special assessment notices. 
[See ante p. 99, 1 142.] 

State of Illinois, \ 
Cook County, j ss ' 

This affiant, L. M., being duly sworn, upon oath says, that on the 

day of , A. D. 18 — , he posted notices, of which the following is a 

copy, to-wit: 

SPECIAL ASSESSMENT NOTICE. 

[Here give copy of notice] as follows, to-wit : by securely affixing the 

same, one to the premises, No. street ; one to the premises, 

No street ; the said two places being in the neighborhood of said im- 
provement; one at the west entrance of the city hall, at the corner of 
Adams and LaSalle streets, and one at the east entrance of the criminal 
court and county jail building, in said city, all of such places being public 
places in said city of Chicago, Illinois. 

L. M. 
c ,— ^-^ ^ -j Sworn to and subscribed before me this day of , 

L. s. A. D. 18—. 

c ' — . — ' } G. H. Notary Public. 

Form of certificate of publication, 

[See ante, p. 99, §142.] 

State of Illinois, \ 
Cook County. J ss * 
This certifies, that a notice, of which the an- 
nexed notice is a true copy, has been published 
five times in the Telegraph, a daily newspaper, 
printed and published in the city of Chicago, in 
said county, and that the date of the first paper 



ATTACH 
A COPY OF 

ASSESSMENT NOTICE 
HERE. 



day of , A. D. 18 — , and that the date of the 

last paper containing the same was the day 

of , A. D. 18—. 

It is further certified, that the said Telegraph was, at the time of the 
said publication of said notice, and is now, the corporation newspaper of 
the said city of Chicago, and that O. P. is the publisher of said news- 
paper. 

In witness whereof, said publisher has hereunto set his hand this 

day of , A. D. 18—. 

O. P., Publisher. 

In case the newspaper publishing the notice as aforesaid is published 
by a corporation, the form of certificate may conclude as follows : 

" It is further certified that the said Telegraph was, at the time of the said 1 
publication of said notice, and is now, the corporation newspaper of the 
said city of Chicago, and that the Telegraph company, a corporation duly 
existing, is the publisher of said newspaper. 

^ , — ' — v x In witness whereof said Telegraph company have caused this 
j l. s. > certificate to be signed by its president and secretary and its 
' ' — . — ' * corporate seal to be affixed this day of , 18 — . 

A. B., President. 

C. D., Secretary. 

12 



178 CITIES AND VILLAGES. TdIT. II. 



As a general rule, all the papers, when completed in a given case of 
special assessment, should be attached together. 

Organization of Tillages.— The law provides that towns incor- 
porated by special charter or general law, existing prior to the present 
incorporation act, may change the same and organize as villages under the 
present incorporation act. See ante p. Ill, \ 178. The law also provides 
for the incorporation of contiguous territory, not before incorporated, 
under a village organization, where the population thereof is at least three 
hundred inhabitants. See ante p. 112, \ 182. The following forms are 
given as applicable in the foregoing cases. The forms heretofore given 
applicable to cities, are also designed to be used in some instances in cases 
of villages, by slight changes to suit the occasion, as has been before sug- 
gested. 

Form of petition for change from town, to become incorporated under 
general law as a village. 

[Sec ante, p. Ill, § 178.J 

To the president and trustees of the town of , Illinois : 

The undersigned thirty voters of, and residing in staid town of , do 

repectfully petition you to submit the question whether such town will 
organize as a village under the act of the general assembly of this state, to 
provide for the incorporation of cities and villages, to the' decision of the 
legal voters thereof. And your petitioners will ever pray. 

Form of order of president and trustees, submitting question for town to 
be organized under general law as a village. 

State of Illinois, \ 

Town of . j Sb * 

Whereas, the petition of A., B. and C, and [state the number of others], 

legal voters of the town of , to the president and trustees of said 

town is this day presented, praying that the question whether said town 
will become organized as a village under the act of the general assembly of 
this state, to provide for the incorporation of cities and villages, be sub- 
mitted to the decision of the legal voters thereof. It is therefore ordered 
that the said question be submitted accordingly, and that for that purpose 

an election be held in said town on the day of , 18—, at — , 

and that A., B. and C. are appointed as judges to hold said election, and 
that due notice thereof be given. 

The foregoing order should be entered on the journal of proceedings or 
the. trustees. 

Form of notice of election by president and trustees of town, to vote on 

question of organization under general laiv. 

[See cmte p. 112, g 178.] 

ELECTION NOTICE FOR INCORPORATION UNDER GENERAL LAW. 

Public notice is hereby given that, in accordance with a petition for that 
purpose, by the requisite number of legal voters, an election will be held 



DIY. H.] GENERAL FORMS. 179 

in the town of , on the clay of , 18 — , at which a vote of 

the legal voters of said town will be taken on the question whether said 
town will become organized as a village under the act of the general assem- 
bly, entitled "An act to provide for the incorporation of cities and vil- 
lages." 

Dated this day of , 18—. 

[To be signed by the president and trustees.] 

The form of canvass of votes and statement of the result, by the presi- 
dent and trustees, will be substantially the same as before given in case of 
election to become organized as a city, by changes to suit the occassion. 
See ante p. 154. 

Form of petition to county judge, for organization of village under gen- 
eral law, where not before incorporated. 
[See ante, p. 112, g 182.] 

To the county judge of county, Illinois: 

The undersigned petitioners respectfully represent that they are legal 
voters, residing within the following contiguous territory, situated in the 

said county of , in area not exceeding two square miles, and which 

has resident thereon a population of hundred inhabitants, and 

which is not included within the limits of any incorporated town, village 
or city, to-wit: [Here describe the territory by government subdivision, or 
other definite description.'] That it is desired that said territory may be- 
come incorporated as a village under the act of the general assembly of 
Illinois, to provide for the incorporation of cities and villages, and that the 
name of such proposed village is [state the name.] Said petitioners there- 
fore pray that the question may be submitted to the legal voters of such 
proposed village whether they will organize as a village under the act of 
the general assembly aforesaid. And said petitioners will ever pray. 

In subsequent proceedings, the forms heretofore given in case of organ- 
ization of cities in like cases, may be used by changes to suit the occasion. 
See ante p. 155. 

Form of petition for annexing contiguous territory. 
[See ante, p. 117, §195.] 

To the city council of the city of , Illinois : 

The undersigned petitioners, being three-fourths of the legal voters, and 
the owners of three-fourths (in value) of the property in the territory here- 
inafter described, contiguous to said city of , and not embraced 

within the limits thereof, described as follows, to-wit: [Here describe the 
territory sought to be annexed.'] Do respectfully petition that said con- 
tiguous territory, described as aforesaid, be annexed to said city, and form 
a part thereof. And said petitioners will ever pray. 

The law requires that the annexation of contiguous territory, in the 
foregoing case, shall be by ordinance, filed in the office of the recorder of 
deeds of the county, certified by the mayor or president of the board of 
trustees. See ante p. 117, £ 195. The form of certificate in such cases may 
be substantially the same as that given heretofore for authentication of ordi- 



180 CITIES AND TILLAGES. [DIV. II. 



nance by city clerk. See ante p. 165. The law provides that in case no 
petition for annexation is filed as aforesaid, that action to that end may be 
taken by the city council or board of trustees, by petition of the mayor or 
president, See ante p. 118, \ 197. 

Form of resolution by city council or board of trustees, authorizing mayor 
or president to petition for annexing territory. 

[See ante p. 118, § 197.] 

Resolved, By the city council, two-thirds of all the aldermen concurring 
herein, that the mayor of the city of be, and he is hereby, author- 
ized to proceed and petition to the circuit court of — county, to have 

the following contiguous territory annexed to said city, to-wit : {describe 
the terrritory ] The same not having been petitioned for by any of 
the legal voters or owners of property in said contiguous territory, and 
which territory contains a resident population of one hundred and fifty 
inhabitants to each section or fractional part of a section thereof. 

The law provides that action by the city council or board of trustees in 
the foregoing case, should be by virtue of either an ordinance or resolu- 
tion, by a two-thirds vote of all the aldermen or trustees elect. The yeas 
and nays should be taken on the passage of such ordinance or adoption of 
the resolution, that it may appear that the requisite number of aldermen 
or trustees have voted therefor. The foregoing form of resolution may be 
changed to suit the occasion of an ordinance. 

Form of petition by mayor or president of board of trustees, for annexa- 
tion of contiguous territory. 

[See ante p. 118, g 197. 

State of Illinois, \ QC! 

County. J ss - 

To the honorable the judges of the circuit court of said county : 

The undersigned, the mayor of the city of , in said county, re- 
spectfully represents that at a meeting of the city council of said city on 
the day of , 18—, a resolution was adopted, of which the follow- 
ing is a copy, to-wit : 

[Set forth a copy of the resolution, which should describe the territory in 
question.'] 

Said petition further represents, that said city desires to annex thereto 
the territory described in said resolution, and the same has not been 
petitioned for by any of the legal voters or owners of property in said con- 
tiguous territory. That said territory contains an actual resident popula- 
tion of one hundred and fifty inhabitants to each section or fractional part 
thereof. That the following is an accurate map of the territory described 
in said resolution which it is desired to annex : 

[Here give a map of the territory, showing all such subdivisions that shall 
have been made therein.'] 

Said petitioner therefore prays that said contiguous territory, hereinbe- 
fore described, may be annexed to said city, as provided by law in such 
cases. And said petitioner will ever pray. 

A. B., Mayor of the City of . 



DIV. II.] GENERAL FORMS. 181 

The word section, in the preceding forms, is understood to have refer- 
ence to a section of land according to government survey, being one mile 
square. 

Form of notice by mayor, or president of trustees, of filing petition for 

annexing territory. 
[Sec ante, p. 118, g 198.] 

Public notice is hereby given that a petition will be filed [or was filed] 

with the clerk of the circuit court of county, State of Illinois, on 

the day of IS — , by the mayor of the city of , praying for 

annexation to said city of the territory described as follows, to-wit: [Give 
boundaries, or a general description of the territory.'] And that a hearing 
of said petition will be had at the term of said circuit court. 

Dated this day of , 18 — . 

A. B., Mayor. 

Form of petition for annexation of territory, by majority of legal voters 

and owners of land. 
[See ante p. 119, \ 201.] 

State of Illinois, \ 

County. / Sfe ' 

To the honorable the judges of the circuit court of said county : 

The undersigned petitioners, being a majority in number of the legal 
voters residing within the following described territory, contiguous to the 

incorporated city of [or the owner or owners of the following 

described territory] to-wit: [describe the territory sought to be annexed;] 
do respectfully petition that said contiguous territory, described as afore- 
said, be annexed to said city and form a part thereof. And said petition- 
ers will ever pray. 

Form of petition to disconnect territory from city, town or village. 
[See ante p. 119, \ 202.] 
State of Illinois, 



County. 



ss. 



To the honoraole the judges of the circuit court of said county : 

The undersigned petitioners, being a majority of the legal voters of ter- 
ritory within the city of , in said county, described as follows, to- 
wit : [here describe the territory sought to be disconnected.] Said lands not 
being laid out into city or town lots or blocks, do respectfully petition that 
said territory, described as aforesaid, be disconnected from said city, 
according to the statute in such case made and provided. And said peti- 
tioners will ever pray. 

Form of petition for change of name of city, town or village. 

[See ante p. 120, § 20G.] 

To the city council of the city of , Illinois : 

The undersigned petitioners, qualified electors of said city of , and 

equal in number to one-half of those who voted for the officers therein at 
the last election, do respectfully petition that the name of said city be 
changed to that of [state the name desired to be changed to], according to 
the statute in such cases made and provided. And said petitioners will 
ever pray. 



182 CITIES AND VILLAGES. [DIY. H. 

Form of notice of presentation of petition for change of name. 

[See ante p. 121, g 209.] 

Public notice is hereby given that on the day of , 18—, a peti- 
tion of the requisite number of qualified electors of the city of was 

presented to the city council thereof, praying for a change of the name of 
said city to [state the name desired in the petition], and that action will be 

had by the city council on said petition on the day of , 18 — , at 

which time remonstrances, if any, will be heard. 

By order of the city council, the day of , 18 — . 

C. D., City Clerk. 

The law provides that the foregoing notice shall be given by order of the 
corporate- authorities of the city, town or village (see ante p. 122, \ 209), 
being the city council or board of trustees. It is proper that such order 
should direct the clerk to give the notice. 

Form of petition for change of name of unincorporated town or village. 

[See ante, p. 122, § 214.] 

State of Illinois, ) 

County. / " * 

To the honorable, the judges of the circuit court of said county : 

The undersigned, petitioners, being a majority of the legal voters resid- 
ing within the limits of the unincorporated town [or village] of , in 

said county, do repectfully petition that the name of said town [or village] 
be changed to [state the named desired], according to the statute in such 
case made and provided. 

And said petitioners will ever pray. 

Notice of the change of name proposed by the foregoing petition is 
required to be filed in the office of the secretary of state. See ante p. 123, 
g 214. This may be by a simple communication by any one or more of 
the petitioners, stating the facts, that action may be had in conformity to 
g 207, ante p. 121. 

Form of itemized statement by owner, who constructs sidewalk. 
[See ante p. 142, \ 264.] 

State of Illinois, \ 

City of .; ss - 

An itemized statement by A. B., owner of the following described lot, 

in said city of , to-wit : [describe the lot] ; of the cost of a sidewalk 

in front of said lot, on [name of street] street, which said owner has 

caused to be constructed and completed the day of , IS — , viz: 

[here set forth the items, and the cost of each, comprising the labor, lumber, 
nails, or ivhatever the sidewalk may be composed of.] 

Dated this day of , 18—. A. B. 

Form of affidavit to the foregoing itemized statement. 
State of Illinois, 

County. 

A. B., being duly sworn, doth depose and say, that he has lately caused 
a sidewalk to be constructed in iront of the lot as set forth in the annexed 
[or foregoing] itemized statement of the cost thereof made by him, as 



DIV. II.] GENERAL FORMS. 183 



therein set forth, of which lot he is the owner, and that said itemized state- 
ment is in all things true and correct as therein stated. A. B. 

Subscribed and sworn to before me, this day of , 18 — . 

C. D., Justice of the Peace. 

Form of certificate of street commissioner or other officer as to sufficiency 

of sidewalk constructed by oivner of lot. 
State of Illinois, ) 



City of 



'i 



I, L. M., street commissioner, [or other officer as the case may be,] in 
and for said city, being the officer directed by the ordinance on that 
subject to superintend the construction of all sidewalks in said city do 
hereby certify that the sidewalk mentioned in the annexed [or foregoing] 
itemized statement made and verified by A. B., has been constructed and 
fully completed by the said A. B., in accordance with an ordinance entitled 
"An ordinance," etc., [describing the ordinance]. 

Given under my hand this day of , 18 — . 

L. M., Street Com. 

The foregoing certificate is required to be made by the officer or board 
directed by the ordinance on the subject, to superintend the construction 
thereof. See ante p. 142, I 264. 

liicesases. — The law provides that the corporate authorities of cities 
and villages shall have power to grant license to sell liquor, and for vari- 
ous other purposes. See ante p. 51, 52. The law further provides, that 
in granting license to sell liquor, the corporate authorities shall comply 
with whatever general law of the state may be in force relative to the grant- 
ing of licenses. See ante p. 53. 

The general law of the state on the subject aforesaid, styles a place where 
liquors are sold, a " dram shop." Rev. Stat., 438, Ch. 43. 

Form of license to keep a dram shop and sell liquor. 
[See ante p. 52, clause 4G ] 

By authority of the city of , [or village of ,] State of Illinois. 

Permission is hereby given to A. B., to keep a dram shop at [state the 
place where the dram shop is to be kept, by street and number, or other- 
wise,'] in the city of , [or village of ,] State of Illinois, and to 

sell, vend and retail spirituous, vinous, malt, fermented and mixed liquors, 

by a less quantity than one gallon, from the date hereof until the day 

of , 18 — ; such bonds having been filed and approved as are required 

by the laws of the state of Illinois, and the ordinances of the city of , 

[or village of ,] in such case made and provided. The said A. B. to 

be subject to all laws of the State of Illinois, and ordinances of the city 

of , [or village of ,] which now are or hereafter may be in 

force, touching the premises. 

r /-— ' — , j Given under the hand of the mayor of said city, [o? president 
< l. s. [■ of the board of trustees of said village,] and the corporate 
* ^ — . — ' ' seal thereof, this day of -, A. D. 18 — . 

E. F., City Clerk. C. D., Mayor. 

Form of bond for dram, sho2i license. 
Know all men by these presents, that we, A. B., C. D. and E. F., of the 

city of [or village of ], and State of Illinois, are held and firm- 



184 CITIES AND VILLAGES. [DIY. II. 



ly bound unto the people of the state of Illinois, in the penal sum of three 
thousand dollars, lawful money of the United States, for the payment of 
which well and truly to be made and performed, we, and each of us, do 
hereby bind ourselves, our heirs, executors, administrators and assigns, 
and legal representatives, jointly and severally, by these presents. 

Witness our hands and seals, at , this day of , A. D. 

18—. 

Thecondition of this obligation is such that, whereas, the above bounden, 

A. B., has obtained from the proper city authorities of the city of 

[or board of trustees of the village of ] permission to keep a dram 

shop at [place where] in said city [or village], from the day of , 

A. D. 18—, to the day of , 18—. 

Now, if the said A. B. shall well and truly pay to all persons all damages 
which they may sustain, either in person or property, or means of support, 
by reason of said A. B. selling or giving away intoxicating liquors, and shall 
well and truly observe all the laws of the State of Illinois, and ordi- 
nances of said city [or village] concerning the sale of intoxicating liquors, 
then and in that case, this obligation to be void, otherwise to remain in 
full force, virtue and effect. — [l,. s.] 

[L. S.] 

[L. S.] 

Form of permit to druggist to sell liquor 
[See ante p. 53.] 

By authority of the city of [or village of ], State of Illinois. 

Permission is hereby given to A. B., druggist, at [state place of doing 

business'], in the city of [or village of ], county of , and 

State of Illinois, to sell liquors for medicinal, mechanical, sacramental and 

chemical purposes, from the day of , A. D. 18 — , to the day 

of , A. D. 18 — , subject to forfeiture and under such restrictions 

and regulations which now are or may be hereafter provided by ordinance. 
— -*— s . Given under the hand of the mayor of said city [or president 
l. s. \ of the board of trustees of said village] and the seal thereof, 

— , — - J this day of , A. D. 18—. A. B., Mayor. 

C. D., City Clerk. 

As before mentioned, the law also empowers the corporate authorities of 
cities and villages to license various occupations, places of amusement and 
the like. See ante p. 51, 52. The following is a general form of license 
that may be used in all such cases, by being filled up to suit the occasion. 

General form of license for variuos occupations, etc. 
[See ante p. 51.] 

By authority of the city of , [or village of ], State of Illinois. 

Permission is hereby given A. B., to [here state the occupation, busi- 
ness, game, or whatever the license may relate to,] from the date hereof 

until the day of , 18— , in said city, [or village,] subject to the 

ordinances of said city, [or village,] in such cases made and provided, and 
to revocation by the mayor [or president of the board of trustees] at any 
time, at his discretion, or as may be prescribed by ordinance. 
r ,—»— n . Witness the hand of the mayor of said city, [or president of 
-j l. s. y the board of trustees of said village,] and the corporate seal 

«- ' — , — - J thereof, this day of , 18—. L. M., Mayor. 

Attest: O. P., City Clerk. 



DIV. II.] GENERAL FORMS. 185 

Towaa Plats. — The land comprised within cities and villages is neces- 
sarily divided into small parcels, in dimensions as circumstances may 
require. The convenience of the inhabitants requires also the opening of 
streets and alleys to accommodate the small subdivisions of the land. 
This has given rise to our present statutes, providing for laying out and 
recording town plats. See ante id. 153. The law also provides, as will be 
seen, for vacating such plats. This subject therefore becomes a part of 
the general subject of cities and villages, and is properly embraced within 
this work. Such forms as are properly required are here given, in con- 
nection with this subject. 

Form of certificate of surveyor to plat. 
S [See ants p. 154. J 

State of Illinois, ) 

County, j" sb - 

I, A. B., county surveyor of said county of , [or competent sur- 
veyor] do hereby certify that the foresoing [or within, or annexed] plat is 

a correct plat of the survey of the town of — [or addition to the town of] , 

in said county, as the same is represented thereon, as the same was sur- 
veyed by me at the instance of the owner, C. D., the survey of which was 

completed the day of , 18 — . 

Given under my hand this day of , 18 — . 

A. B.. County Surveyor. 

Form of acknowledgment of plat by owner of land. 
[See ante p. 154.] 
State of Illinois, 



County. \ ss * 

I, A. B., a justice of tne peace in and for said county, do hereby certify 
that C. I)., the owner of the lands comprised within the foregoing [or 
within or annexed] plat, personally known to me to be the same person 
who caused the survey of said plat, appeared before me this day in person, 
and acknowledged that he had caused said plat to be surveyed in manner 
as appears therein, as his free act and deed for the uses and purposes as 
therein shown and expressed. 

Given under my hand and seal, this day of , A. D. 18 — . 

A. B., [l. s,] 

Justice of the Peace. 

The acknowledgment of a plat may be before any officer authorized to 
take acknowledgment of deeds, and made in like manner. See ante p. 153. 

Form of instrument vacating a plat. 
[See ante p. 155.] 

Know all men by these presents, that I, A. B., having laid out a town 

plat known and described thereon as u a plat of the town of , [or an 

addition to the town of , [or as the case may be,] which plat is re- 
corded in the recorder's office of the county of , State of Illinois, in 

book , at page , and being at this time the owner of the premises 

covered by said plat, and desiring to vacate the same, do hereby declare 
said plat vacated the same as if it had never existed. 

In witness whereof I have hereunto set my hand and seal, this day 

of , A. D. 18—. A. B. [l. s.] 



186 CITIES AND TILLAGES. [DIV. II. 



Form of instrument vacating part of plat. 
[See ante p. 156.] 

Know all men by these presents, that I, A. B., having laid out a town 

plat known and described thereon as "a plat of the town of ," [or 

an addition to the town of , or as the case may be] 1 which plat is 

recorded in the recorder's office of county, State of Illinois, in book 

, at page , and being desirous of vacating a part of said plat herein- 
after described, of which I am the owner, the vacation of which will not 
abridge or destroy any of the rights or privileges of other proprietors in 
such plat, do hereby declare the following part of said plat vacated, to-wit : 
{here describe the blocks, public gronnds, and streets in question] the 
same as if said plat thereof had never existed. 

Witness my hand and seal, this day of , 18 — . 

A. B. pu So] 



DIY. II.] FORMS OF ORDINANCES — REMARKS. 187 



II. FORMS OF ORDINANCES ON GENERAL SUBJECTS FOR 

CITIES AND VILLAGES. 

The following precedents are given as suggestions to guide in framing 
ordinances of a general nature, for cities and villages. The subjects and 
provisions embraced comprise what may constitute a very complete code 
of ordinances necessary in the average cities and villages of the state ; 
accompanied by notes and references to adjudicated cases, explanatory, or 
in support of the various provisions in the form set forth. This feature 
will be found of great service, in consulting these precedents with a view 
to framing ordinances therefrom. 

The precedents here given are derived largely from ordinances adopted 
and long in use in various cities and villages in this state, where in many 
instances they have been the subject of judicial test. 

Whilst the provisions, as set forth in these precedents, may not as a 
whole be adapted to the wants of any particular municipal corporation in 
the words as expressed, yet they may serve as suggestions in framing ordi- 
nances on the various subjects to which they relate, the same as would be 
the case in framing bills for acts of the legislature where reference is almost 
invariably had to the laws as enacted in other states on the same or similar 
subjects. They give us ideas on the subject, or starting points from which 
we are enabled to mature provisions in more perfect form than we would 
be able to do without the aid of some guide of this kind, furnished as such 
precedents generally are from a combination of experience. 

The following precedents of ordinances, as before remarked, are rather 
in a codified form; that is, they embrace in general a variety of subjects 
in each, so far as they are of the same nature, and can properly be made 
the subject of one ordinance. In framing ordinances from these pre- 
cedents, the entire provisions of a particular ordinance, as here given, may 
not be desired or may not be applicable to the wants of a particular local- 
ity. In such instances it will be found that portions, or certain sections 
thereof may be taken, and when grouped together will form such an ordi- 
nance as will suit the occasion desired. 

In most instances it is apprehended that changes or modifications from 
the precedents given will have to be made, to a greater or less extent, as in 
other cases of forms of this kind, to suit the occasion of the particular 
locality where the ordinance is desired. And there may be instances 
where it will be deemed advisable to frame several ordinances out of one 
ordinance as set forth in these precedents. 

Ordinances should have a title, or something of the kind, by which they 
may be known or referred to. In some cities ordinances are known 
simply by number: as "ordinance No. 1," etc. Where the ordinances 
have been codifi _ they are usually known by chapters; as "Chapter I," 



188 CITIES AND VILLAGES. [BIT. II. 



etc. The most convenient mode of designation is by number, while the 
most satisfactory would probably be a title, in manner of acts of the state 
legislature. It would do no harm to add also after the title, a number by 
which the ordinance may likewise be designated, something in the man- 
ner of bills pending in the general assembly of the state. 

The style of ordinances for cities (which those heedless of proper terms 
misname the enacting clause, ) the law requires should be in the following 

words: " Be is ordained by the city council of ;" see ante p. 65, $ 

63; and for villages, " Be it ordained by the president and board of trus- 
tees of the village of ." Bee ante p. 114, $ 187. These words must 

be affixed at the beginning of every ordinance for a city or village as the 
case may be; and precisely in the words as prescribed, otherwise the ordi- 
nance will be invalid. The office of these words is, an indication or ex- 
pression of the legislative will or intention, that the provisions following 
shall be the law; the same as the word, JZesolved, preceding a resolution, 
is used to indicate that the words following are to be taken as the sense or 
opinion of the assembly. 

In the precedents following, words and terms are used applying to cities, 
which, in case of villages, can be changed to suit the occasion, by inserting 
"village" in place of "city;" "President and board of trustees," in place 
of " city council," and the like. 

Form of ordinance fixing meetings of the city council. 
[Sec ante p. 29, § 37.] 
OKDINANCE NO. — . 
An Ordinance regulating the meetings of the city council. 

Section 1. Be it ordained by the city council of , That 

the regular stated meetings of the city council shall commence and be 

held on the first Monday in each month of , of each year, at 

o'clock — . m., at [state the place where]. 

Sec. 2. Notices of special meetings shall be given by the clerk of the 
council, and may be served by such person as he shall appoint for that 
purpose. 

Sec. 3. The time of a special meeting shall be fixed in the call, but it 
shall not be necessary to specify the object of such meeting in the call or 
notice. 

Sec. 4. Any member of the council who shall fail or neglect to be pres- 
ent at the time set for any meeting of the council, or of any adjourned 
meeting thereof, unless he shall have left with the clerk before the time 
set for such meeting, written notice of his intention to be absent, in cases 
when such absence is unavoidable — what shall constitute unavoidable 
absence to be determined in every ease by the members present at such 
meeting — or who shall absent himself from any meeting before a regular 
and formal adjournment thereof, without leave of the board, may be lined 
by order of the council present, in any sum not exceeding five dollars for 
each offense; and unless such fine shall be remitted by vote of a majority 
of all the members elected, it shall be the duty of the proper officers to see 
that the same is charged against and deducted from the salary of each 
member. 



DIY. II.] FORMS OF ORDINANCES — COUNCIL MEETINGS. 189 



Sec. 5. The mayor shall take the chair promptly at the time set for any 
meeting and cali the council to order, and, if a majority of the aldermen 
are not present, those present, after directing and assessing the amount of 
tine or penalty to be recorded and deducted from the salary of absent 
members shall adjourn until the following day ; if the day following falls 
upon a Sunday, then the adjournment shall be had until the Monday fol- 
lowing. In case of absence of the mayor at the time set for any meeting, 
then some member of the council shall call the same to order and the 
council shall elect one of its own members chairman pro tern., and like 
proceedings shall be had. 

Sec. 6. This ordinance shall be in force from and after its passage and 
promulgation, and all ordinances in conflict thereto are hereby repealed. 

Sec. 7. This ordinance shall be known as ordinance No. — . 

Passed , 18—. 

Approved , 18 — . 

Published , 18—. 

, -^— > A. B., Mayor. 

- L. 8. [• Attest : 

'■ v^v^ > CD., City Clerk. 

The foregoing form of. ordinance provides as well concerning absentees 
as in regard to meetings of the council. These may be the subject of separ- 
ate ordinances, if desired. Where a salary or compensation is allowed to 
aldermen, the mode of collecting any fine imposed may properly be by 
deducting the amount from such salary or compensation ; otherwise the 
fine may be collected as fines in other cases, or as the council may provide. 
Whilst the law provides that the council may prescribe penalties for non- 
attendance of aldermen (see ante p. 29, g 38), it would not seem policy to 
resort to the exercise of this authority on ordinary occasions. It should 
be an extreme case of willful neglect of duty before such course should be 
resorted to. The following is a short form of separate ordinance concern- 
ing absentees from city council : 

Short form of ordinance concerning absentees from city council. 

TSee ante p. 29, g 3G."| 

ORDINANCE NO. — . 

An Ordinance to compel the attendance of absentees, at meetings of 
city council, and prescribe penalties therefor. 

Section 1. Be it ordained by the city council of , That 

it shall be the duty of each alderman to attend promptly at each regular 
and special meeting of the council, at the hour appointed for meeting, and 
in default thereof, or on failure to do so, he shall forfeit and pay a penalty 
oi" , for each omission to attend as aforesaid. 

Sec. 2. This ordinance shall be known as ordinance No. — . 

Passed , 18—. 

Approved , 18—. 

Published , 18—. 



\ e. s. > Attest : 

( ^v-^ > C. D., City Clerk. 



A. B., Maj'or. 



190 CITIES AND VILLAGES. [DXY. H, 

Form of ordinance concerning suits and prosecutions. 
ORDINANCE No. — . 

An Ordinance concerning suits and prosecutions. 

Section 1. Be it ordained by Hie city council of — -, That 

all suits, actions or prosecutions for the recovery of any fine, forfeiture or 

penalty by the city of against any person or corporation for the 

violation of any ordinance of said city, where said fine, forfeiture or pen- 
alty does not exceed two hundred dollars, may be instituted by any officer 
of said city, or other responsible person, before any magistrate residing 
and having an office in said city: Provided, That the word magistrate, 
when used in the ordinances of said city, and in all processes, complaints, 
judgments, executions, and other proceedings thereunder, shall be taken 
to mean either a police magistrate or justice of the peace, or both, accord- 
ing to the facts. (1) 

Sec. 2. All such actions aforesaid shall be commenced against any cor- 
poration, and may be commenced against any person, by the issuance of 
a summons by any such magistrate in the ordinary form, (2) as near as 
may be, of the summons now issued by justices of the peace in civil 
actions ; except that such summons shall state the number and section of 
the ordinance alleged to have been violated and the particular breach 
thereof substantially in the language of the ordinance, and may be as near 
as the nature of the case will admit of, in the following form : 



' \ 



State of Illinois 

County 

City of 

The people of the State of Illinois, to the city marshal of the city of 
or any constable of said county, greeting : 

You are hereby commanded to summons A. B. to appear before me at 

my office in said city of ,on the day of , 18 — , at o'clock 

— . m., to answer a certain demand, not exceeding two hundred dollars, of 
said city, against him, of the nature of a penalty, for the violation of sec- 
tion , of ordinance No. , of said city, by ■ (state offense), and 

hereof make due return, as the law directs. 

Given under my hand this day of — ■ — , 18—. 

[Name of official and title of office.] 

The magistrate issuing such summons, as well as the warrant provided 
for in section 4 hereof, shall indorse on the back thereof, as the maximum 
demand of said city, against the party sued, (3) the amount of the highest 
penalty imposed for the violation of the ordinance therein referred to, and 
all subsequent proceedings shall be the same as if said warrant had been 
issued in the first place. 

Sec. 3. That all such actions aforesaid, not so commenced by summons 
as aforesaid, where the offender is still at large or under arrest without 
warrant, shall be commenced by filing with any such magistrate a com- 



(1) See ante p. 68, § 69. 

(2) See ante p. 67, \ 63 

(3) See Rev. Stat, 640, § 18, Haines* Treatise, new ed., 265. See ante p. 66, note I . 

In a suit for violation of a city ordinance, the fact that liquor was owned by three, only two of 
whom are sued, constitutes no objection to a recovery. Such action is in the nature of a tort, in 
which one or more of the offending parties may be sued. The Pres, and Trustees of the Town of 
Jacksonville v. Holland ct cl, 19 111, R.. 271. 



D1T. II.] FOEMS OF ORDINANCES — SUITS AND PROSECUTIONS. 191 



plaint duly signed and sworn to by some officer of said city, or other re- 
sponsible person, unless said complaint be expressly waived by the person 
charged. Said complaint shall specify the number of the ordinance, the 
section or sections thereof violated and the nature of the offense as 
near as may be in the language of such ordinance ; and, also, that the 
complainant has reasonable grounds to believe that the party charged is 
guilty of having violated the same.(l) 
Said complaint may be substantially in the following form : 

State of Illinois 

County 

City of 

I, , complainant, do solemnly swear that I, , have reasona- 
ble grounds to believe that a certain person, known to me, by the name 

of [name of person charged], is guilty of having violated, within 

the territorial jurisdiction of said city, the provisions of section , of 

ordinance No. , of said city, by '[state particular breach], between 

noon, the day of , 18 — , and noon, the day of , 

18 — . Therefore, I, , pray that a warrant be issued for the arrest of 

said person. 



i! 



Complainant. 
State of Illinois, ] 

County, Vss. 

City of J 

I, , a — of said city, do hereby certify that the above complaint 

was duly subscribed and sworn to before me by the complainant, therein 

named, at the city aforesaid, this day of — , IS — . 

[Name of official and title of office.] 

Sec. 4. Upon said complaint being filed as aforesaid, it shall be the duty 
of the magistrate with whom the same is filed, unless the party charged 
is already under arrest, to issue a warrant for the arrest forthwith of the 
person charged in said complaint; (2) which warrant shall briefly recite 
the allegations of said complaint, and may be substantially in the following 
form: 

State of Illinois, 

County, 

City of . 

The people of the State of Illinois, to the city marshal of the city of — — , 
or any constable of said county, greeting : (3) 

Whereas, there has been filed with me, the undersigned magistrate, a 
complaint signed and sworn to by one A. B., wherein he alleges that he 
has reasonable grounds to believe that one C. D. is guilty of having vio- 
collecting the same, to the magistrate in charge of the docket upon which 

lated section of ordinance No. , of said city, by [state particular 

breach.] 

Now, this is to command you to arrest and bring the body of said C. IX 
forthwith before me, unless special bail be entered on the back of this war- 

(1) See ante p. 66, note 1 ; p. 67, § 68 ; p. 68, note 2. 

(2) See ante, p. 67, \ 68. 

(3) See ante p. 70, § 73 ; p, 71, note 2. Unless authorized bv statute, an officer can perform no 
official act outside of and beyond the territorial limits in which he is authorized and required to 
act. Van JD-usen v. The People, 78111, R., 645. 



192 CITIES AND VILLAGES. [DIV. II. 

rant, signed by one or more responsible sureties for the full amount of the 
demand of said city endorsed hereon ; and if such bail be entered, you will 
then command him, the said C. D., to appear before me at my office in 

said city, on the day of , 18 — , at — o'clock — m., to answer a 

certain demand of said city against him of the nature of a penalty not 
exceeding two hundred dollars for the violation of the ordinance aforesaid, 
and hereof make due return as the law directs. 

Given under my hand and seal, this day of , 18 — . 

[Name of officer and title of office.] [l. s.] 

Sec. 5. Any person arrested by virtue of any such warrant, except for 
cause stated in section 8, hereof, shall have the right to release his body by 
giving special bail to the officer executing the same, which shall be 
endorsed on the back of the warrant in the following form as nearly as 
the case will admit, to- wit : 

I, , acknowledge myself special bail for the within named . 

Witness my hand, this day of ~, A. D. 18 — . 

Which endorsement shall be signed by one or more sureties to be 
approved by the officer making the arrest, and all the liabilities and rights 
shall attach to said bail or sureties, and like proceedings shall substantially 
be taken to enfore the liability of such bail to pay the judgment and costs 
obtained against the person so bailed, in the event of his failure to appear 
before the magistrate on the day set for trial in said warrant, as are pro- 
vided for in the case of special bail, in sections 24, 26, 27, 28 and 29, of chap- 
ter 79 of the Revised Statutes, 1874, of Illinois. (1) 

Sec. 6. Any person with or without warrant arrested and brought 
before any such magistrate for the violation of any ordinance of said city, 
shall have the right, except for cause stated in section 8, hereof, to post- 
pone trial, on cause for continuance shown according to the laws of the 
State of Illinois, and may release his or her body from arrest for a period 
not exceeding ten days, by entering into an obligation with one or more 
responsible sureties, to be approved by such magistrate, which obligation 
may be substantially in the following form: 

State of Illinois, 

County, 

City of . 

This is to witness, that if the undersigned, A. B., shall fail to appear 

before, remain with and abide the orders of C. D., a , at the office of 

said magistrate in said city, on — — day of , 18—, at — o'clock — M., 

or at any other reasonable time then appointed by said magistrate, with 
or without the consent of said A. B., not exceeding three days thereafter, 
and shall then and there fail to answer the violation of an ordinance of 
said city, on a complaint sworn to by some responsible person, and before 
the time first above named filed with such magistrate, then and in that 
case, we, the undersigned, acknowledge ourselves jointly and severally 
indebted to said city, in any sum not exceeding two hundred dollars 
adjudged to be due said city, on said complaint, for the payment of which 
we bind ourselves, our heirs, executors and administrators, under our 
hands and seals, this day of , 18 — , at said city. 



A. B. 


i"l. s.i 


C. D. 


L. S.] 


E. F. 


L. S." 



(1) See Haines' Treatise, new ed., p. 272; title, "Special Bail." 



DIY. H,] FORMS OF ORDINANCES — SUITS AND PROSECUTIONS. 193 

And the legal effect of said obligation shall be, that if the party bailed 
shall not appear before such magistrate, at the time therein stated, and 
judgment shall be entered against such party and in favor of said city, 
then, (without mittimus issuing on said judgment, although the same may 
be issued, at any time according to law, the liability of such party bailed, 
his or her co-obligors, or sureties, to pay on such obligation, the amount 
of said judgment and costs, to said city, shall attach to such obligation, 
and suit may immediately be instituted thereon. 

Sec. 7. Any person arrested for any offense under any ordinance of 
said city, may be detained in custody in the city prison, or other safe place 
during Sunday, (1) a national holiday and over night, and for a reason- 
able time on all other occasions, until such offender can be brough for trial 
before some proper magistrate: Provided, That any such offender so 
arrested without warrant, except for cause stated in section 8, hereof, may 
during any time so detained, release his or her body from custody by 
entering into with said city a like obligation provided for in section 6, 
hereof, to appear within three days thereafter before some certain magis- 
trate of said city, at a day and hour to be fixed, and with surety to be 
approved by the officers making such arrest. 

Sec. 8. No person so arrested for the violation of any ordinance of said 
city shall be released at any time from the custody of said city or other 
lawful authority, so long as the conduct, language and personal appear- 
ance of such offender are calculated to lead a prudent and reasonable per- 
son to suspect that such offender is an idiot or lunatic, or so far under the 
sway of passion, or influence of intoxicating liquors that the public peace 
or security of any person would be jeopardized by the release of such 
offender. Any officers violating the provisions of this section shall, upon 
conviction, be fined in a sum not exceeding twenty-five dollars. 

Sec. 9. Any magistrate aforesaid is authorized and directed to proceed 
without unnecessary delay, with the examination or trial of any offender 
of any ordinance of said city, whether brought before such magistrate by 
summons or otherwise, and immediately upon conviction of such offender, 

enter judgment in favor of said city of for the amount of the fine 

or penalty aud costs of prosecution, and order that such offender, in default 
of immediate payment of such judgment and costs, shall be committed 
to the city prison or other safe place of custody until such fine is paid or 
offender is otherwise discharged under the ordinances of said city. (2) 

Such judgment may be substantially in the following form :(3) 

City of , plaintiff, ~\ 

vs. [■ Suit on section , of ordinance No. — . 

A. B. , defendant, J 

[After reciting the proceedings, conclude as follows :] 

After evidence heard (and upon a verdict found by a jury) in the above 
entitled cause, it is adjudged by the court that the above defendant pay to 

the city of , dollars penalty and dollars costs of suit, and in 

default of immediate payment, that said defendant be committed to the 
city prison or other safe place of custody until the penalty and costs afore- 
said are paid, or said defendant otherwise discharged, 'according to the 
ordinances of said citv. 



(1) See ante p. 75, g 83. 

A Recognizance entered into on Sunday is valid. Johnston v. The People, 31 111. R., 4C9. 

(2) See ante, p. 67, § GS ; p. G6, note 1. 

(3) For form of recognizance see Bollig, ex parte, 31 111. R., 91. 

13 



194 CITIES AND VILLAGES. [MY. II. 



Provided, That where such offender is a corporation, an ordinary judg- 
ment shall be rendered, and execution issued and subsequent proceedings 
■of levy and sale be had as are provided for in the statutes of this state in 
civil eases before justices of the peace. (1) 

Sec. 10. The magistrate or court rendering any such judgment, sub- 
stantially of the form aforesaid, shall demand of the defendant the imme- 
diate payment of the same, in lawful money, and in default of such pay- 
ment, shall immediately issue an order for the arrest and commitment in 
the city prison of said city, of said defendant, pursuant to the terms of 
such judgment, which order or mittimus shall be substantially of the fol- 
lowing form: (2) 

State of Illinois, 
County 



City of 



* 



The people of the State of Illinois, to the city marshal, and warden of the 

city prison of the city of , or any constable of said county, 

greeting : 

Whereas, on the day of , 18 — , said city of recovered 

before me a judgment for the sum of dollars penalty, and dollars 

cents costs, against one C. D., for the violation of section , of ordi- 
nance No. , of said city by (Here state offense). 

Now, this is to command you in the name and authority of said people, 
to demand of said C. D. the immediate payment, in lawful money, of said 
judgment and costs, and upon his failure or refusal to pay the same on 
such demand, that you arrest and take the body of said C. D., and him 
deliver, with this writ, to the warden of the city prison aforesaid, (3) and 
we command you, the said warden, to receive the body of him, the said 
C. D., and him safely keep in the city prison, or other safe place of custody 
provided by the authority of said city, twenty-four hours for each two 
dollars of such judgment and costs and a proportionate period of time 
thereafter for any part of such judgment and costs, less than two dollars, 

subject to the provisions of section of ordinance No. , of said city, 

unless such judgment and costs be sooner satisfied or the said C. D. be 
otherwise lawfully discharged ; and upon such discharge, you, the said 
warden, are hereby directed to make due return to me of this writ, with 
your endorsement thereon, showing period of imprisonment and manner 
of discharge. 

Given under my hand this day of , 18 — . 

[Name of official and title of office.] [l. s.] 

(1) See Haines' Treatise, title, " Docket Entries." 

(2) See form of mittimus in Bollig, ex parte, 31 111. R., 91. 

Unless authority plainly exists, and when given, before it can be exercised there must be a 
judicial ascertainment by a competent tribunal, before a party can be committed to jail for non- 
payment of a fine for violation of a city ordinance. Dillon on Mun. Corp., # 287, 270. 

As the penalty for the violation of a by-law is considered in the nature of liquidated damages, 
an action of debt lies to recover the amount of the penalty. But aside from the statute or a valid 
custom, it is not competent for a by-law to provide that its penalty should be recovered by dis- 
tress and sale of goods, that being contrary to the common law. Dillon on Mun. Corn., g 312 : 
note to § 287. 

Offenders violating the ordinances of a city may, on conviction be imprisoned, if they are 
unwilling to pay the fine. A summary mode of dealing with them is indispensible to safety of 
society. The imprisonment is but an incident to the fine. Ex parte, Bollig, 31 111. R., 91. 

A proceeding to collect a penalty for the violation of a town ordinance, such as assault and 
battery, is a civil suit. Such penalty cannot be recovered in any criminal proceedings. Hoyer ct 
al. v. Mascoutah, 59 111. R., 137 ; see ante p. 66, note 1. 

(3) See Rev. Stat., p. 403, \ 370; Haines' Treatise, new ed., p. 727. 



DIY. II.] FORMS OF ORDINANCES — SUITS AND PROSECUTIONS. 195 



Upon the back of such mittimus, the magistrate shall endorse the names 
and residence of the principal witnesses against the defendant; (1) and 
the several officers into whose hands the same may come, shall endorse 
the date and manner of executing the same ; and it shall be the duty of 
any such officer having possession of such mittimus, to furnish such 
defendant on demand, a copy thereof with the endorsements. (2) Pro- 
vided, That the mayor (3) or city attorney maj^, if in their opinion the 
recovery of any judgment rendered against any defendant will not be 
jeopardized, or the welfare of said city will thereby be subserved, order the 
magistrate who has charge of the docket upon which is entered such judg- 
ment, to stay the issuance of any such mittimus on such terms and for 
such a length of time as may be deemed reasonable and just; and the city 
marshal is hereby authorized to delay the execution of any mittimus for a 
period not exceeding thirty days from the date thereof, by assuming the 
payment of such judgment and costs in case of the escape during such 
interim of such defendant; and any pledge of personal property volun- 
tarily surrendered by the defendant to said marshal in consideration of 
such an undertaking by said marshal, may be sold in like manner and 
upon the same terms as the statutes of Illinois provide for sales of like 
property under executions, (4) and the proceeds thereof shall be by said 
marshal applied to the payment of such judgment and costs and expenses 
of such sale, and any suplus remaining shall be subject to the order of said 
defendant. 

Sec. 11. Such mittimus against the body of the defendant as aforesaid, 
shall be sufficient to authorize the city marshal, or other officer into whose 
hands the same may come, to demand of the defendant the immediate pay- 
ment of enough lawful money to satisfy such judgment and costs, and 
upon failure or refusal of such defendant so to pay on demand as aforesaid, 
sueh judgment and costs, such mittimus shall be sufficient to authorize 
such officer to arrest such defendant and commit him or her for a period 
not exceeding six months in the city prison, or other safe place, provided 
for the custody of offenders against" the ordinances of said city; (5) and 
such mittimus shall be sufficient to authorize the warden in charge of such 
city prison, or other safe place of custody, to receive the body of such 
defendant, and him or her safely keep in custody as aforesaid, twenty-four 
hours for each ($2) two dollars of such judgment and costs, and a propor- 
tionate period of time thereafter for any part of such judgment and costs 
less than ($2) two dollar^; subject, however, to the pro visions of section 12, 
hereof, or until such judgment and costs are fully paid, or defendant is 
otherwise lawfuly discharged. 

Sec. 12. Every person so committed to prison on an execution against 
his or her body as aforesaid, shall, under the direction of the city marshal, 
work for said city upon its streets, if his or her strength will permit, 
or at such other labor as said city shall provide, not exceeding ten hours 
each working day, and at the 'rate of two dollars for each day's work, 
exclusive of board, until such judgment and costs aforesaid are paid, and 



(1) See Rev. Stat., p. 403, g 309, Haines' Treatise, new ed., p. 727. 

(2) See Rev. Stat., p. 403, § 371, Haines' Treatise, new ed., p. 727. 

(3) See ante p. 26, g 22. 

(4) See Rev. Stat., p. 050. 051 ; Haines' Treatise, new ed., p. 533, 

(5) See ante p. 07, 3 08. 



196 CITIES AND VILLAGES. [DIY. II. 

when so paid, shall be discharged from imprisonment :(1) Provided, No 
credit shall be allowed by reason of any such imprisonment' on any such 
judgment and costs, where the person committed refuses to labor for said 
city, or refuses to obey orders respecting such labor or acts when so labor- 
ing in a disorderly manner, or escapes, or attempts to escape, at any time 
from such custody or imprisonment aforesaid. But such person may be 
kept in custody as aforesaid for the full term of six months, unless sooner 
discharged by the Mayor or City Council of said city. 

Sec. 13. Like proceedings shall be had under the ordinances of said 
city against minors, for the violation of any ordinance of said city, as are 
herein prescribed against other persons. 

Sec. 14. Trial by jury, (2) continuances (3) and changes of venue, (4) as 
well as appeals, shall be allowed, consistent with the ordinances of said 
city, to any defendant, on the same terms and in like manner as such pro- 
ceedings are granted by the statutes of this "state before justices of the 
peace in civil cases ; but the same shall not be allowed to said city, except 
at the request of the mayor or city attorney thereof. Like processes may 
issue and legal proceedings be had to enforce the ordinances of said city of 

, in addition to the remedies in said ordinances prescribed, and like 

practices, pleadings and rules of evidence be observed as now or may here- 
after obtain in such civil cases aforesaid, and the city marshal, policemen, 
several officers and magistrates of said city as well as all other officers and 
persons authorized by law, rendering services to said city by virtue of any 
ordinance of said city, or law of said State of Illinois, shall, unless other- 
wise directed by ordinance, charge the same fees, to be taxed as costs, as 
are allowed in the statute of said state for similar services: (5) Provided, 
No officer or person shall collect or retain from said city a fee in any case 
in which, if the people of the State of Illinois were plaintiffs, such officer 
or person would be entitled to no fees from said state. (G) 

Sec. 15. The building situated in said city on [describe the location of 
building'], known as the " calaboose," shall constitute the city prison of 

the city of , and the keeper Of said building shall be known and 

styled as the warden thereof. 

Sec. 16. All fines and penalties shall be paid by the defendant or officer 
collecting the same, to the magistrate in charge of the docket upon which 
the judgment against such defendant is entered, and such magistrate shall 
immediately pay over to the city treasurer of said city, such collection, 

(1) See ante p. 67, §68.] 

(2) See Rev. Stat., p. 644, \ 44 ; p. 520, g 46. Haines' Treatise, p. 383, 503. 

(3) See Rev. Stat., p. 646, § 61; Haines' Treatise, new ed., p. 372. 

(4) See Rev. Stat., p. 642, § 61; Haines' Treatise, new ed., p. 376. Costs of change of venue 
abide the result of the suit. Haines' Treatise, new ed., p. 376, Rev. Stat., p. 642, § 31. 

(5) See Laws 1877, p. 108. Haines' Treatise, new ed., p. 946 ; ante p. Ill, § 177. 

In an action qui tarn for penalties, there must be a reasonable and well founded belief of the 
guilt of the defendant, — a very slight preponderance will not suffice. Toledo, Peoria, Warsaw P. 
P. Co. v. Foster, ex ret People, 43 111. R., 480; Ruth v. City of Abingdon, 80 111. R., 418. Defendant's 
admission of a violation of an ordinance is competent evidence. But it is not competent for a 
municipal corporation without express authority, to make or alter the ruies of evidence or law, 
in prosecutions to enforce ordinances. The ordinary rules of evidence apply except so far as 
specially modified by statute. Dillon on Mun. Corp., g 350. 

A prosecution for the violation of a city ordinance prohibiting the sale of liquor, is not a crim- 
inal proceeding, and the defendant is a competent witness in his own behalf. Graubner v. The 
City of Jacksonville, 50 111. R., 87. 

(6) See Rev. Stat., p. 518; Haines' Treatise, new ed., p. 946. 



DIY. II.] FOEMS OF ORDINANCES — SUITS AND PROSECUTIONS. 197 



taking for the same duplicate receipts of said treasurer, substantially of 
the following form : 

Received of A. B., magistrate, dollars and cents, on a judg- 
ment of $ , assessed against C. D., at page of said magistrate's 

docket. 

This day of , 18—. 

A. B., City Treasurer. 

It shall be the duty of such magistrate to prepare such duplicate receipts 
for said treasurer to sign, and immediately after such receipts are executed 
by said treasurer, to hie one of said receipts with the city clerk of said 
city ; and no such collection shall be deemed to have been received by said 
city until such duplicate receipt is filed with said city clerk. 

Sec. 17. The city marshal and all policemen of said city shall, and 
any officer of said city may, arrest on view, without warrant, any 
person in the act of violating any ordinance of said city, (1) or 
where such officer has reasonable grounds to believe that such per- 
son has recently violated such ordinance and will likely escape 
before warrant can be issued, and take such person before some 
magistrate of said city, for trial, as hereinbefore prescribed: (2) Pro- 
vided, That any person so brought before such magistrate for trial, with 
or without warrant, and who cannot be tried because of the absence of 
witnesses, or other causes, and who fails to give bail, may be detained for 
trial, in the city prison, upon the written order of such magistrate, stating 
cause of such detention, not exceeding three days, unless at the instance 
of such person. 

Sec. 18. This ordinance shall be known as ordinance No. — . 

Passed , 18—. 

Approved , 18 — . 

Published , 18—. 

~^^~. A. B., Mayor. 

) l. s. f Attest : 

CD., City Clerk. 



(1) See ante, p. 75, 1 83. 

A constable may, without warrant, arrest any one for a breach of the peace, committed in his 
view, and carry him before the justice of the peace, and in case of a felony actually committed, 
or a dangerous wounding, whereby ielony is likely to ensue, he may. upon probable suspicion, 
arrest the felon, and for that purpose is authorized, as upon a warrant, to break open doors, and 
even kill the felon if he cannot otherwise be taken. The powers of policemen are not greater 
than those of a constable in this respect. Shanley v. V/ells, 71 111. R.. 79. 



(2) See ante p. 75, note 2. 



198 CITIES AND VILLAGES. [DIY. II. 

Form of ordinance concerning license to sell liquor. 
ORDINANCE NO. — . 

An Ordinance concerning' licensing the sale of liquors. 

Section 1. Be it ordained by the city council of , That 

it shall be unlawful, within the territorial jurisdiction of said city, for any 
person or corporation, as principal, clerk, servant, or agent, or by another 
person or corporation, directly or indirectly, to sell, or give away, for profit 
or gain, any intoxicating, malt, vinous, mixed, or fermented liquors, of 
any name, nature or admixture, in any quantity whatever, without first 
obtaining a license so to do, as herein afterwards provided, under penalty 
for so doing-, for each offense, of not less tnan twenty dollars, or more than 
one hundred dollars. (1) 

Sec. 2. The city council may, subject to the revenue laws of the United 
States, (2) the laws of this state, and the ordinances ©f this city, authorize 
by resolution, any person or persons, not constituting a corporation, to sell 
or give away, within the corporate limits of said city, all -or any of the 
liquors mentioned in the first section of this ordinance, and direct that a 
license, signed by the mayor, and attested by the city clerk, under the 
seal of said city, be issued by said clerk, to such person or persons, upon 
him, her or them, paying into the city treasury, in installments, or other- 
wise, a sum of money of an amount to be fixed in such resolution by the 
city council. (3) 

Such license, when issued, and styled wholesale license, shall authorize 
the selling and giving away of all the liquors mentioned in section 1, in 
any quantity not less than one gallon. 

Such license, when issued, and styled retial license, shall authorize 
the selling and giving away of all the liquors mentioned in section 1, in 
any quantity whatever. 

Such license, when issued, and styled druggist license, (4) shall authorize 
the selling and giving away of all the liquors mentioned in section 1, in 
any quantity exceeding one gallon for any purjx)se whatsoever, and in less 
quantity than one gallon for mirely medical, mechanical, sacramental and 
chemical purposes only. 

Such license, when issued, and styled limited license, shall authorize the 
selling and giving away in any quantity, malt or vinous liquors only. 

Any person to whom either of the above named licenses shall be 
granted as aforesaid, (5) who shall sell or give away any of the liquors men- 
tioned in section 1, not expressly authorized under his or her license, as 
defined in this section, shall be subject to a penalty of not less than twenty 



(1) See ante p. 55, clause 48 ; page 53, note 1. 

A party being a brewer of beer, not to be sold on the premises, being unwell, and confined to 
his house, and some person calling to see him, he sent for a pitcher of beer and invited all to 
drink, and one of the parties became intoxicated. Held, that the case was not one contemplated 
by the sixth section of the act of 1873, and no conviction can be had. Albrecht v. The People, 78 
111. R., 510. 

(2) A license granted under the internal revenue laws of the United States, confers no power 
to exercise a trade, business or calling, but it was only to tax the exercise of the trade, or occupa- 
tion, authorized by the state authorities. Congress has no power to authorize the exercise of a 
business prohibited by the laws of a state. Block v. TliePres. and Trustees of the Town of Jackson- 
ville, 3G 111. R.. 301. 

(3) See ante p. 53, note 1 ; ante p. 54, note 1 to p. 53 ; ante p. 54, note 1. 

(4) See ante p. 52, clause 46 ; p. 54, note 1. 

(5) See ante p. 54, note 1 to p. 53 ; p. 55, note 1 to p. 53 ; p. 55, note 1. 



DIV. II.] FORMS OF ORDINANCES — LIQUOR LICENSE. 199 



dollars, or more than one hundred dollars, and forfeiture at the election 
of said city council, of his or her license. (1) 

Sec. 3. Any person desiring any such license aforesaid, shall file with 
the city clerk, an application in writing, setting forth the location of the 
building, or room, to be occupied ; the kind of license, and length of time 
the same is wanted, and the name and residence of the sureties offered, on 
his or her bond, to the people of the State of Illinois ; or in lieu thereof, 
shall file with such application, said bond, duly executed and signed by 
such sureties, and the city council shall grant or reject any such a]:>plica- 
tion, and direct, by resolution, in case of approval, the issuance in the 
manner aforesaid, of the license sought, for any term not extending be- 
yond the current municipal year; (2) and, unless otherwise provided in 
such resolution, the sum of money charged for such license, shall be paid 
to the city treasurer quarter-annually, in advance, (3) on the third Tuesday 
of April, July, October and January, except that the first installment 
shall be paid when the license is issued for the whole, or fractional part, 
as the case may be, of the current quarter. 

Sec. 4. ISTo license aforesaid shall be issued until such applicant for the 
same, shall have first filed with the city clerk a bond, in the penal sum of 
three thousand dollars, payable to the people of the State of Illinois, and 
signed by such applicant with at least two good and sufficient sureties, 

who shall be freeholders of county, Illinois, approved as aforesaid, 

by the the city council, and conditioned that such applicant will pay to 
all persons all damages that they may sustain either in person or prop- 
erty, or means of support, by reason of such applicant selling or giving 
away intoxicating liquors ; (4) and, also, shall have first filed with the city 
clerk a duplicate receipt of the city treasurer, of the money paid on such li- 
cense; and also, shall have paid the city clerk the fees allowed him by the 
ordinances of said city for making out said bond and issuing such license. 

Sec. 5. Such license aforesaid shall state the kind of license, the time 
for which it is granted, the name of the person or persons to whom it is 
granted, the house or place intended to be occupied, that such license shall 
be used and the privileges granted thereunder, shall be exercised at such 
place only, that such license shall not be transferable, (5) nor assignable, 
and shall be conditioned that any violation of this ordinance shall work a 
forfeiture of such license, and all sums of money which may have been 
paid thereon, at the election of the city council — and all such license may 
be substantially in the following form: 

Know all men by these presents, That whereas, the city council of the 

city of , have, by resolution, authorized, under ordinance, No. 2, of 

said city, the issuance of a license to one A. B. 



(1) See ante p. 53, note 1. 

(2) For definition of municipal year, see ante p. Ill, § 170. 

(3) A tender of a certificate of indebtedness to police commissioners, in payment of a license, 
where the ordinance provides that, payment should be made only in United States currency or 
city orders; held, not good. The City of East St. Louis v. Wider. 46 111. R. 351. 

A public officer has no authority to take a note to himself, in his official capacity, for the 
granting of a license to sell liquor. Munsell v. Temple, 3 Gilm R., 93. 

(4) See Rev. Stat., p. 439, § 5. 

(5) A license to keep a grocerv or sell liquor is not transferable. Munsell v. Temple, 3 Gilm., 
R., 93. 



200 CITIES AND VILLAGES. [DIV. II. 



Now, this is to witness, That pursuant to said resolution, the said A. B. 
is hereby authorized and licensed as aforesaid, from the date hereof, for a 

period ending , with the current municipal year of said city, to sell or 

give away the liquors authorized by said ordinance, under such license, 

in the front room of the first story of a story building, situate on 

lot No. — , of addition to the town of , within the corporate 

limits of said city, and at no other place, in consideration of the payment 

of dollars to the city treasurer of said city already made, and upon 

the successive payments hereafter of dollars on each third Tuesday of 

the months of April, July, October and January, of said municipal year. 

Subject, nevertheless, to this express condition, that immediately upon 
the assignment of this license, the same is declared null and void; and 
that at any time after the conviction of the said A. B., for the 
violation of any of the provisions of said ordinance, this license may be 
revoked at the option of said city council, and all payments of money 
which may have been made hereon, shall thereupon be forfeited to said 
city. 

In testimony whereof, I, , mayor of the city of , have set my 

r , — ■ — , , hand, and caused the corporate seal of said city to be af- 

< l. s. [ fixed, by the city clerk of said city, this day of , 

t w^ J a. D. 18—. 

Attested by A. B., Mayor. 

C. D., City Clerk. 

Sec. 6. It shall be unlawful for any person who shall keep what is de- 
fined in the revised statutes (1874) of Illinois, a dram shop, under any 
license aforesaid, by himself, herself, agent or servant, to sell or give away, 
any of the liquors mentioned in Section 1, of this ordinance. 

To any minor without the written order of his or her parents, guardian, 
or family physician ;(1) or 

To any person intoxicated, or w T ho is in the habit of getting intoxicated ; 
(2) or 

On Sunday, a public holiday, or any general or special election day, or 
between 11 o'clock p. m. and 5 o'clock a. m. of any day ; (3) 

Under penalty for so doing, for each offence herein stated, of not less 
than twenty dollars, or more than one hundred dollars, and forfeiture, at 
the election of said city council, of his or her license. 

Sec. 7. It shall be unlawful for any person who shall keep w T hat is de- 
fined in the Revised Statutes (1874) of Illinois, a dram shop, under any 
license aforesaid, by himself, herself, agent, or servant ; 

To allow his or her dram shop to be open on Sunday, (4) a public holi- 



(1) See Rev. Stat., Ch. 43, p. 439, § 6 ; ante p. 55, clause 48. 

A party selling liquor is bound to know whether a person buying is a minor or not. Farmer 
v. The People, 77 111. R , 322. 

In a prosecution under an ordinance for selling liquors to minors, without any written order 
from parents, etc., it is sufficient, to sustain a conviction, to show that the article sold was intoxi- 
cating, if taken in sufficient quantity. It matters not whether the vendor knew such fact or not. 
Byars v. City of Mt. Vernon, 77 111. R. , 467. 

(2) Evidence that a party has been seen by witnesses frequently under the influence of intoxi- 
■ cation, and was in the habit of using liquor intemperately, is sufficient proof that he was in the 

habit of getting intoxicated. Mapes v. The People, 69 111. R., 523 ; See Rev. Stat., Ch. 43, § 6, p. 439. 

(3) See ante p. 53, note 1 ; ante p. 54, note 1 to p. 53. 

(4) Sundays include the time from midnight to midnight. Rev. Stat., p. 391, § 260, Crim. Code. 



EL] FORMS OF ORDINANCES — LIQUOR LICENSE. 201 



day, or any general or special election day, or between 11 o'clock p. m. 
and 5 o'clock a. m. of any day, or sutler any person, at any of such times, 
to pass in and out, or frequent, or loiter about the same ; or 

To allow any minor, without the written permission of such minor's 
parents, or guardian, to frequent, remain at or loiter in or about his or her 
drain shop ; or 

To allow any person to play at any game wherein is used any card, 
dice, check, ball, billiard table, bagatelle table, Jenny Lind table, pigeon 
hole table, or other table, article or thing whatsoever, (1) for the purpose of 
amusement, betting, winning, or losing money, or other thing, or article of 
value, or for any other purpose whatsoever, in or about his or her drain shop, 
or in any manner relating to or connecting with the same, (except that the 
city council may, by resolution, at any regular meeting, license the play- 
ing of any such game for amusement only), under penalty, for so doing, 
for each offence herein stated of not less than twenty dollars, or more than 
one hundred dollars, and forfeiture at the election of said city council of 
his or her license. 

Sec. 8. The giving away of intoxicating liquors, or the disposing of the 
same, in any manner, through any " club," combination, association, or 
corporation, of two or more persons, or other shifts, tricks, devices, or sub- 
terfuges, for the evasion of any of the provisions of this ordinance, shall 
be held to be an unlawful selling and giving away of the liquors men- 
tioned in section 1, and shall subject the offender to the same penalty as in 
said section 1, provided. (2) 

Sec. 9. The city marshal, policemen, and other officers of said city, 
shall have the right to enter any place where liquor is sold, or given away, 
under any such license aforesaid, whenever such place is open, if such 
officers deem it necessary in the discharge of their duties ; and if any per- 
son licensed, as aforesaid, shall refuse to permit any such officer to enter 
his or her premises, where such liquors are sold, or given away, as afore- 
said, whenever the same is open, he or she shall be subject to a penalty of 
not less than twenty dollars, or more than one hundred dollars. 

Sec. 10. All rooms, taverns, eating houses, restaurants, drug stores, 
groceries, coffee houses or other places of public resort, where intoxicating 
liquors of any kind or nature, are sold in violation of this ordinance, shall 
be deemed public nuisances, and whoever shall keep such place by him- 
self, herself or servant shall, for each offence, be fined not less than fifty 
dollars, nor more than one hundred dollars, and it shall be a part of the 
judgment upon the conviction of the keeper, that the place so kept, shall 
be shut up and abated(3) until the keeper thereof shall give bond, with 
sufficient security, to be approved by the court before whom such convic- 
tion is had, in the penal sum of one thousand dollars, payable to the peo- 
ple of the State of Illinois, conditioned that he or she will not sell intoxi- 
cating liquors contrary to the ordinances of the said city of , and will 

pay all fines and costs assessed against him or her for any violation of said 

ordinances of the said city of , and any person or persons who shall 

open any building or place that has been ordered shut up and abated, 
under the provisions of this ordinance, shall be fined for each offence one 
hundred dollars. 



(1) See ante p. 52, clause 44. 

(2) See ante, p. 55, note 1 ; Rev. Stat., eh. 43, p. 440, \ 13. 

(3) See Rev. Stat., p. 439, \ 7 ; ante p. 55, note 1 ; ante p. 54, note 1 to p. 53. 



202 CITIES AND VILLAGES. [DIY. II. 



Sec. 11. This ordinance shall be known as ordinance No. — .(1) 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

, ,- * .^ . A. B., Mayor. 

\ l. s. i Attest : 

< w^ > c. D., City Clerk. 



Form of ordinance concerning corporate seal. 
ORDINANCE NO. — . 

An Ordinance providing for the corporate seal of the city of . 

Section 1. Be it ordained by the city council of , That 

the corporate seal of said city, shall be circular in form, and be so con- 
structed as to impress upon paper the words, "City Seal," in a circle 
formed by the words, " City of , County, 111." 

Sec. 2. The said seal shall be and remain in the custody of the city 
clerk of said city, (2) and his successor in office, to be used by him in all 
eases, provided for by the ordinances of said city, or the laws of the State 
of Illinois ; and in all such other cases where, by the laws and customs of 
any state or nation, the use of the corporate seal of said city becomes 
necessary. 

Sec. 3. This ordinance shall be known as ordinance No. — . 

Passed , 18—. 

Approved , 18 — . 

Published , 18—. 

^^ ) A. B., Mayor. 

l. s. [ Attest : 

*v*j ' CD., City Clerk. 

(1) Where the authorities of a town adopted a subsequent ordinance, revising the whole sub- 
ject of selling or dealing in spirituous liquors; that this must be taken as a substitute for all 
prior ordinances on the same subject, although the last contained no words of repeal. Booth v. 
The Town of Carthage, 67 111. R., 102. 

(2) See ante, p. 74, g 81 • Rev. Stat., p. 226. 



DIT. II.] FORMS OF ORDINANCES — IMPOUNDING ANIMALS. 203 

Form of ordinance concerning pounds, and impounding animals. 

ORDINANCE No. — . 

An Ordinance to establish a pound, and to provide for impounding 
animals. 

Section 1. Be it ordained by the city council of , That 

it shall be unlawful for any horse, mare, gelding, colt, mule, ass, sheep, 
swine, goat, or neat cattle, except cows giving milk, to run at large within 
the corporate limits of said city contrary to the provisions of this ordi- 
nance ;(1) and the running at large as aforesaid of any or all of the afore- 
said animals is hereby declared a nuisance, which the city marshal, or any 
policeman of said city, shall instantly abate upon view by taking up 
and confining any such animal in some certain pen, stable or inclosure, to 
oe known and designated as the pound of said city. (2) 

Sec. 2. Said pound shall be centrally situated within the corporate lim- 
its of said city, and accessible freely and without hinderance, during the 
day-time, to all persons in search of animals at large, and such pound shall 
be maintained under the care and supervision of the city marshal, at his 
own expense, in consideration of the allowance to him by said city, of the 
fees chargable by him in section 12 of this ordinance: (3) Provided, That 
such pound shall be subject to the inspection and condemnation of the 
city council, and that upon the refusal of said marshal to accept the care 
and custody of said pound at his own expense, upon the terms aforesaid, 
the city council may direct that the said fees chargable herein by said 
marshal, shall be paid over by him to the city treasurer, and that such 
pound be maintained under the supervision and at the expense of said 
city. 

Sec. 3. Any animal so impounded shall be held for two days exclusive 
of the day of impounding without further legal proceedings during such 
time, subject to redemption by the owner in the manner hereinafterwards 
provided. And it shall be the duty of the officer so impounding such 
animal, within the period aforesaid, to make reasonable inquiry respect- 
ing the ownership of the same and to notify the owner, or supposed owner 
thereof, or some member of such owner's family, over the age of twelve 
years, that such animal is so impounded, and that the same is held subject 
to redemption, upon the payment of the pound charges. (4) Such notice 
shall be signed by such officer, and served by copy. 

Sec. 4. The officer impounding any such animal shall, unless the same 
is redeemed within the time specified in section 3,(5) cause the owner or 
supposed owner thereof, to be summoned before some magistrate of said 



(1) See ante p. 61, clause 80. 

The legislature has conferred power upon cities to declare what shall constitute a nuisance. 
Under this power an ordinance declaring swine running at large, a nuisance, is proper. Roberts 
v. Ogle, SO 111. R., 459; Westgate v. Can, 43 111. R., 450. 

(2) See ante p. 61, note 1. 

Parties not officers may assist an officer to impound hogs. Friday v. Floyd, 63 111. R., 50. 

(3) See ante p. 62, clause 86; p. 61, note 1. 

(4) See ante p. 62, clause 86; p. 61, note 1. 

(5) Where an ordinance requires that not less than ten days' notice shall he given before a sale 
of an impounded animal shall be made, this is an essential prerequisite of the sale, and cannot 
be dispensed with by the officer. Clark v. Lewis, 35 111, R., 422. 



204 CITIES AND VILLAGES. [DIY. II. 

city, to show cause, if any, why such animal so impounded, should not be 
sold according to the provisions of this ordinance. (1) 

Sec. 5. When the owner of any animal so impounded is unknown to 
the officer impounding the same, such officer shall (upon the expiration oi 
the two days for redemption first, provided for in section 3), file within a 
a reasonable time with some magistrate of said city, a statement in writing 
signed by him, of the number and kind of animals so taken up by him, 
and the time of such taking up and impounding, and that the owner or 
owners thereof are unknown to him ; whereupon such magistrate shall 
cause to be posted up in three of the most public places of said city, a 
notice describing the property so taken up, and the time of such taking 
up, and notifying therein the owner or owners thereof to appear before 
such magistrate at an hour and on a day therein named, not less than five 
or more than fifteen days from the day'of such posting, then and there to 
show cause, if any, why such property should not be sold to satisfy the 
demand of said city for the subsistance, pound fees and costs consequent 
upon the impounding of such property. (2) 

Sec. 6. The officer posting such notices shall immediately make return 
upon oath upon a copy thereof, of the time and places of such posting. 
Upon such return being made, the magistrate shall docket the cause, as 

the city of versus the unknown owners of impounded property. 

The owner may appear and be made defendant at any time before final 
judgment. (3) 

Sec. 7. If no owner shall appear at the time fixed for trial in said 
notices, the magistrate shall summons a jury of six persons, (4) having the 
legal qualifications, who shall be duly sworn to determine upon the evi- 
dence, the extent, if any, of the lawful claim of said city, against said 
property, and in their verdict shall fix the amount of such claim, if any, 
against each animal ; and upon verdict being rendered in favor of said 
city, the magistrate shall render a judgment thereupon substantially in 
the following form : 



(1) A town cannot by its by-laws authorize a pound master to sell property without a judicial 
ascertainment that some law has been violated. And a sale without judicial ascertainment will 
pass no title. Poppen v. Holmes, 4-1 111. R., 360 ; Willis v. Legris, 45 111. R., 289. 

In a proceeding to assess damages done by stock running at large, the owner is entitled to a 
trial by jury, the same as in cases at law, and could not be deprived of that right. Uutlock v. 
Geomble, ante p. Gl, note 1. 

Power to impound and forfeit domestic animals must be expressly granted to the corporation, 
and laws or ordinances authorizing the officers to impound, and upon specified proceedings to 
sell, are penal in their nature, and where doubtful in their meaning will not be construed to pro- 
duce a forfeiture of the property. That if an officer sells without giving the requisite notice or for 
the full length of time required, he is liable to the owner, althougn the owner sustains no actual 
injury from the omission, or the owner may treat the sale as void and recover his property. Dil- 
lon on Mun. Corp., § 101. 

(2) Before an owner can maintain replevin for stock taken up under the law of 1867, it was 
held that he must show that he demanded the cattle from the party impounding the same, and 
offered to pay him fifty cents per head for taking up the same, and the price of one-half bushel 
of corn per head per day during the time the defendant had them in possession. Holcomb v. 
Davis, 56 111. R.,413. 

(3) An owner of animals impounded, if known, should receive personal notice, and if not 
known, there should be constructive notice to him, by posting, describing the property therein. 
Poppen v. Holmes, 44 111. R., 360. 

(4) A sale of property by a pound master, without judicial ascertainment first being had, will 
not divest the owner of his title. The owner is entitled to a trial by jury, to have it ascertained 
whether a penalty has been incurred or not. Poppen v. Holmes, 44 111. R., 360. See Const., 1870, 
Bill of Eights, § 5. 



DIV. II.] FORMS OF ORDINANCES — IMPOUNDING- ANIMALS. 201 



State of Illinois, 

County, 

City of . 

[Here recite the commencment of the suit, and subsequent proceedings, 
according to the facts, and conclude thus .•] 

It is adjudged upon the verdict of the aforesaid jury that said city have 
and recover for sustenance, pound fees and costs consequent upon the im- 
pounding of each of the following animals : 

Against one [specify animal] $ 

Against one [ do ] $ 

Against one [ do ] $ 



And the magistrate shall at once issue a special execution upon such 
judgment for the sale of said property, which shall be described in such 
execution, and which shall be directed and returnable as other executions 
from justices of the peace, and sale thereunder shall be made upon the 
same notice, and in the same manner as is by the Statute of Illinois pro- 
vided in the case of the sales of personal property upon execution from 
justices of the peace. (1) 

Sec. 8, Property sold under the provisions of section 7 hereof, may be 
redeemed by the owner thereof, from the purchaser at any time within 
three months from the time of such sale upon the payment to such pur- 
chaser of the amount paid by him, with interest thereon, at the rate of 
ten per cent, per annum, and the expense of keeping such property ; and 
of the right of the owner to redeem, the officer making such sale shall, at 
the time of sale, give notice, and in his return on said execution shall 
specify the amount each animal sold for. 

Sec. 9. If at any sale, under the provisions of this ordinance, no person 
shall bid the whole amount of costs for taking up, keeping and selling any 
such animal, the city marshal may, for himself, bid thereon the amount 
of such costs and charges ; and no person bidding more, he may strike 
such animal off to himself. 

Sec. 10. The proceeds of any such sale shall be paid over to the magis- 
trate issuing any such execution, who after deducting the amount of the 
judgment and costs, and subsequent sustenance of each animal, to day of 
sale ; and also after allowing the officers for making the sale, the same 
costs chargable by any constable for sale of personal property under exe- 
cution, shall turn over to the city treasurer, the surplus proceeds of such 
sale, taking said treasurer's duplicate receipt for the same, filing one re- 
ceipt with city clerk. The treasurer shall keep a separate account of such 
surplus, which shall be paid over to the owner of the property so sold at 
any time within three years from such sale, upon the direction of the city 
council. 

Sec. 11. All animals, whether impounded by a policeman or other per- 
son, under the direction of any officer of said city, shall be considered as 
having been impounded by the city marshal, and said marshal shall be 
held personally responsible to any person aggrieved for the improper im- 
pounding of any animal : Provided, That the city Marshal, or any police- 
man of said city, or any other person who shall wilfully drive or entice 



(1) See Rev. Stat, p. 650; Haines' Treatise, new ed., p. 931. 

A sale by a pound master cannot be sustained, where he sells two animals belonging to different 
owners together at the same bidding. They must be sold separately. Clark v. Lewis, 35 111. R., 
417. 



206 CITIES AKD TILLAGES. [DIV. II. 



any animal from beyond the corporate limits of said city into the same, or 
shall aid or abet the same, or shall let any animal out of any enclosure in 
which it may be lawfully confined, or aid or abet in the letting out or 
escape thereof, in order to take up or impound the same, shall be subject 
to a penalty of not less than five or more than fifteen dollars for each 
offence. 

Sec. 12. The following fees shall be chargable and collectable by the 
city marshal ; that is to say : For taking into the pound and discharging 
therefrom : 

Each horse, mare, gelding, colt, mule or ass 50 Cents. 

" Neat cattle 50 Cents. 

" Swine (large or small) 25 Cents. 

" Sheep or goat 15 Cents. 

For sustenance provided each animal per meal, to be given at 7 o'clock a. 
m., at noon, and 6 o'clock p. m.: 

Each horse, mare, gelding, colt, mule and ass 15 Cents. 

" Neat cattle 10 " 

" Swine (large or small) 5 u 

" Sheep or goat 5 " 

For serving notice per copy (see Sec. 3) 25 " 

" Traveling expenses, serving same, each way, per mile, 5 " 

" Posting and returning notices under section (see Sec. 5) 75 " 

" Magistrate's fee, preparing same (4 copies) 75 u 

For other services hereunder no fees other than such as are provided by 
the statutes of the State of Illinois. 

Any owner or person entitled to the possession of any animal, shall have 
the right to release and redeem the same from the pound at any time 
before sale, by the payment of the above fees and charges, to the extent only 
that the same shall have accrued, and no animal shall be released until 
such fees are paid. But such animal shall be regarded as lawfully in the 
possession of said city, when so impounded as aforesaid, although the 
same was running at iarge without the consent of the owner or person 
claiming possession thereof, and for the purpose of enforcing the collec- 
tion of the above fees and charges, it shall be sufficient to justify the deten- 
tion and impounding of such animal or animals aforesaid, if it shall ap- 
pear in the evidence that the same were running at large within the 
corporate limits of said city at the time the same was impounded. 

Sec. 13. The city council may, by resolution, at any regular meeting, 
allow for a specified time any of the above animals named in section 1, to 
run at large within the corporate limits of said city. 

Sec. 14. If the city marshal, or any policeman of said city, shall wil- 
fully fail, neglect or refuse to impound any animal running at large con- 
trary to the provisions of this ordinance, such officer shall be subject to a 
penalty of five dollars in each and every case. 

Sec. 15. Any person who shall break open any stable, pen, lot or other 
enclosure where any animal is impounded, or shall in any manner release 
or rescue any animal from such stable, pen, lot, or other enclosure where 
the same is impounded, shall be subject to a penalty of not less than five 
dollars or more than twenty-five dollars. 

Sec. 16. Whosoever shall hinder, delay, resist, or obstruct any officer 
or any person, acting under the immediate directions of such officer, in 
the discharge of the duties imposed by this ordinance on such officer, or 



DIY. II.] FORMS OF ORDINANCES— LICENSING GAMES. 207 

shall aid, encourage, or abet the same, shall be subject to a penalty of not 
less than five dollars or more than fifteen dollars. 

Sec. 17. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18— 

— ^^ A. B., Mayor. 

\ l. s. [ Attest : 
< v^-v-w » CD., City Clerk. 



Form of ordinance concerning licensing billiard tables and other games. 

ORDINANCE NO. — . 

An Ordinance to regulate and provide for licensing billiard tables and 
other games. 

Section 1. Be it ordained by the city council of , That 

it shall be unlawful for any person or persons within the corporate limits of 
said city, to exercise the business, trade or avocation of keeper of a billiard 
table, bagatelle table, Jenny Lind table, pigeon hole table, nine or ten pin 
alley, shooting gallery, or shuffle board, without first being licensed so 
to do by the city council of said city, as herein afterwards provided, under 
penalty for exercising such business, trade or avocation without license, 
of not less than ten dollars or more than one hundred dollars. (1) 

Sec. 2. The city council may grant or reject any application for such 
license (and fix by resolution the amount of license fee) at their discretion, 
and any person or persons desiring such license, shall file with the city 
clerk an application therefor, in writing, setting forth the location of the 
building or room to be occupied, the kind of license, and the length of 
time the same is wanted, and the name and residence of the surety or 
sureties offered on the bond required in section 3 of this ordinance.(2) 

Sec. 3. Before any license under this ordinance is granted, the appli- 
cant or applicants therefor, shall execute a bond, payable to the city of 
, in the penal sum of two hundred dollars with surety, con- 
ditioned that the person or persons to whom such license is granted, shall 
observe all laws and ordinances of said city that may be in force regulating 
or relative to such business so licensed, which bond shall be approved by 
the city council and filed with the city clerk before the issuance of such 
license. 

Sec. 4. License issued under this ordinance, shall be signed by the 
mayor, and attested under the seal of said city by the clerk, and shall state 
the nature of the employment thereunder licensed, the time for which it 
is granted, the name of the person or persons to whom it is granted, the 
house or place intended to be occupied, that such license shall be used and 
the privileges granted thereunder, shall be exercised at such place only, 

(1) See ante p. 52, clause 44. 

A party having the general superintendence and care of a gaming house though simply an 
employee of the house, may be regarded as the keeper, as aiding or abetting the comm^sion of 
an offense in keeping the house to justify his conviction for tlie offense. Stevens v. The Peovle, 67 
111. K., 587. 

(21 An Ordinance may discriminate as to price in regard to location, but not between persons 
having equal facilities for profit. See ante p. 54, note 1. 



208 



CITIES AND VILLAGES. [DIY. II. 



and that such, license shall not be transferable nor assignable, and shall 
be conditioned that any violation of this ordinance, shall work a forfeiture 
of such license, and all sums of money which may have been paid thereon, 
at the election of the city council. 

Sec. o. No person holding license under this ordinance, shall suffer or 
permit any minor, under the age of 18 years, to frequent or loiter about 
the premises so occupied by him, without the written permission or order 
of the parent, master or guardian of such minor, or shall sell, barter, ex- 
change or give away, in connection with such business, any intoxicating 
liquors, contrary to the ordinances of this city; nor shall suffer or permit 
any batting, gaming, riotous or disorderly conduct upon the premises oc- 
cupied by him. Any person violating any of the provisons of this section 
shall be fined in a sum not less than twenty dollars nor more than one 
hundred dollars. Any shift or device to evade this section shall be deemed 
a violation thereof. 

Sec. 6. Every person who shall take out a license under the provisions 
of this ordinance, shall close his place of business at 11 o'clock every night 
and keep the same so closed, until five o'clock the next morning; nor 
shall he permit to be kept open his place of business on Sunday ; or admit 
any person not belonging thereto into his place of business on Sunday. 
Any person violating any of the provisions of this section, shall be fined 
in a sum not less than twenty dollars nor more than fifty dollars. 

Sec. 7. Every room or place kept open by virtue of license under this 
ordinance, shall be subject to inspection by the city marshal or any police 
officer, at any time such marshal or police officer may deem it necessary 
to go into the same, and any person or persons hindering, resisting, op- 
posing or attempting to hinder, resist or oppose the marshal or such police 
officer, while he may go into or attempt to go into such room or place, 
shall forfeit and pay a fine of not less than ten dollars or more than twenty- 
five dollars. 

Sec. 8. No person licensed under the provisions of this ordinance shall 
permit any kind of gambling in his place of business, either by means of 
cards, dice, balls and pins, or any other device; any person violating any 
of the provisions of this section, shall, upon conviction thereof, be fined in 
a sum not less than twenty dollars or more than fifty dollars. 

Sec. 9. That the keeper or keepers of all tables or devices, by whatever 
name the same may be called, and all devises and schemes, however con- 
structed, used or kept by any person or persons in said city, for the pur- 
pose of the playing of games for the gain or profit, direct or indirect, to 
such keeper, shall be, and are hereby declared to be, subject to the same 
rules and regulations, penalties and forfeitures as provided in this ordi- 
nance in relation to the keepers of billiard tables. 

Sec. 10. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

( ^—s •. A. B., Mayor. 

] l. s. > Attest: 



C. D., City Clerk. 



DIV. II.] FORMS OF ORDINANCES — LICENSING AUCTIONEERS, ETC. 209 

Form of ordinance regulating merchants, auctioneers, etc. 

ORDINANCE NO. — . 

An Ordinance to regulate and provide for licensing persons selling prop- 
erty, or exhibiting shows. 

Section 1. Be it ordained by the city council of , That 

no merchant, (1) auctioneer, peddler, (2) or other person or persons, com- 
pany or corporation, shall be permitted to sell, vend or retail, either at 
private sale or public auction, any goods, wares, merchandise, real estate, 
or other property, within the corporate limits of said city, without first 
having obtained a license so to do, as hereinafter prescribed, under penalty 
for so doing of not less than three dollars or more than fifty dollars. 

Sec. 2. No person, company or corporation, shall be permitted to ex- 
hibit any show, exhibition, theatrical performance, (3) wax figures, ani- 
mals, puppets, or perform any feat or trick, such as circus riding, or ex- 
hibition of anything of a like nature, for profit or gain, within the cor- 
porate limits of said city, without first having obtained a license so to do, 
under penalty for so doing, of not less than ten dollars or more than one 
hundred dollars. 

Sec. 3. A license shall be granted to any person, company or corpora- 
tion, to pursue the occupations specified in section one and two aforesaid, 
unless otherwise expressly ordered by resolution of the city council, and 
said council shall fix, by resolution, the amount of the license fee, to be 
paid in each case upon application being made to said council for that 
purpose.{4) But, during the time when the city council is not in session, 
the city clerk is hereby authorized by and with the advice of the mayor, 
or mayor pro tern, to issue such license for a term ending at noon the day 
after the first meeting thereafter of the city council, according to the fol- 
lowing schedule of license fees : 

Itinerant merchants, at retail $ 1 00 per diem. 

Auctioneers, $3 per diem 15 00 per week. 

Foot peddlers 2 00 per diem. 

Peddlers with one horse vehicle 2 00 do 

Peddlers with two horse vehicle 3 00 do 

Theatrical and other performances in hall 2 00 do 

Circuses and exhibitions under large tent 25 00 do 

Each side show under small tent 5 00 do 

Sec. 4. Such license when issued shall be signed by the mayor, and in 
his absence by the mayor pro tern, and attested by the city clerk, under 
the seal of said city, and shall authorize the person or persons to whom 
the same is granted, to pursue any and all pursuits named therein, in the 
manner for the term and at the place set forth in such license ; and the 

(1) See ante p. 64, clause 91. 

(2) See ante p. 51, clause 41. (3) See ante p. 51, clause 41. 

(4) Where the power is granted to a city, conferring power to regulate the selling of spirituous 
liquors, this power should alone be exercised by the council, and any attempt to delegate this 
authority to others is unwarranted. The City of East St. Louis v. Wehrung, 50 111. R., 28 : Kinmundy 
v. Mahan, 72 111. R., 462. * 

Where a license to keep a grocery is fixed at $25, and a party gave to the treasurer of the county 
his note, the same was held void. The treasurer had no authority to take a note to himself in 
his official capacity. Munsell v. Temple, 3 Gilni R., 93; City of East St. Louis v. Wider 46 111. R., 
351. 

14 



210 CITIES AND TILLAGES. [or?. H. 

same shall not be transferable or assignable, but such license shall be of no 
validity in the hands of any person other than the original grantee. (1) 

Sec. 5. No license shall be issued and delivered to any person or per- 
sons, for any purpose whatever, until such person or persons shall file 
with the city clerk the duplicate receipt of the city treasurer, showing 
payment of the full amount of the license fee required under this ordi- 
nance, or by resolution of the city council. (2) 

Sec. 6. The city clerk is hereby authorized to charge the applicant for 
any such license aforesaid, a fee of one dollar for issuing the same : Pro- 
vided, That no additional fee shall be charged for a re-issue of license 
necessitated by a meeting of the city council, where the same was issued 
in the first instance by the city clerk, under the provision of section 3 of 
this ordinance. 

Sec. 7. The provisions of this ordinance shall not apply to bona fide 
residents and tax-payers of county, Illinois, or wholesale dealers. 

Sec. 7. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published . 18—. 

A. B., Mayor. 
Attest . 

C. D., City Clerk. 



o 



Form, of ordinance concerning streets and sidewalks. 
ORDINANCE NO. — . 

An Ordinance concerning streets and sidewalks. 

Section 1. Be it ordained by the city council of , That 

it shall be the duty of the mayor, as soon as this ordinance goes into effect, 
to appoint, with the approval of a majority of all the aldermen of said 
city, (3) a city superintendent of streets, (4) who shall hold his office, unless 
removed according to the statutes of the State of Illinois, until the third 
Tuesday of April, A. D. 18 — , or until his successor is duly appointed and 
qualified, and biennially thereafter from the date aforesaid, a city superin- 
tendent of streets shall be in like manner appointed. 

Sec. 2. Before entering upon the duties of his office, the city superin- 
tendent of streets shall make and subscribe the usual oath of office and 

execute a bond for one thousand dollars, payable to the city of -, with 

good and sufficient surety, to be approved by the city council, conditioned 
that he will truly account for all monies and property belonging to said 
city, which may come into his hands as well as faithfully execute the 
duties of his office. (5) 

(1) Cities have exclusive power within their limits to grant licenses. President and Trustees of 
ML Carmel v. County of Wabash, 50 111. R., 69 ; Bennett v. The People, 30 111. R., 389. 

A license to pursue a business is not transferable. It attaches to the person andcannot be 
used by others, even with the consent of the authority which granted it. Munsell v. Temple, 3 
GilmR.,93. 

(2) Where a fixed sum is made for a license, none can be granted for less. Munsell v. Temple, 3 
Gilm R., 93. 

(3) See Laws 1875, p. 41. (4) See ante, p. 70, g 73. 
(5) See ante p. 71, §75. 



DIV. n.] FORMS OF ORDINANCES — STREETS AND SIDEWALKS. 211 



Sec. 3. The city superintendent of streets shall personally superintend 
all improvements ordered by the city council upon the streets, alleys and 
sidewalks of said city ; he shall without delay, on the order of said coun- 
cil, cause all insecure and unsafe places in the streets and sidewalks of said 
city to be repaired and report the costs thereof to the city council for 
allowance. (1) When the probable cost of any such repair shall exceed 
twenty-five dollars, the same shall be made with the concurrence of the 
mayor. He shall annually, or as early as practicable in the spring of the 
year, cause the streets and alleys to be cleaned, and the gutters to be 
opened ;(2) and he shall, as far as practicable, keep them in that condition 
during the year. 

Sec. 4. The city superintendent of streets shall from time to time ex- 
amine the condition of the streets, alleys, bridges, culverts, crossings, cross- 
walks and sidewalks, (3) ahd report the same to the city council, and 
recommend such improvements or repairs as he may deem needed. He 
shall warn out all able bodied male inhabitants, liable to labor on the 
streets and alleys, under the direction of the city council, and compel such 
to faithfully labor the time required (by the resolution of the city council) 
on the streets and alleys of said city ; and shall collect a commutation of 
one dollar and fifty cents per diem from all parties so warned, who do not 
labor or furnish an able bodied substitute to labor in their stead. He shall 
be ex. officio a, policeman of said city, and may arrest upon view any per- 
son in the act of violating any ordinance of said city. 

Sec. 5. Every able bodied male inhabitant of the city of , above 

the age of twenty-one years and under the age of fifty years, (except the 
officers of said city and such other persons as are exempt from road labor 
under the statutes of Illinois), shall labor on the streets and alleys of said 
city, not to exceed three days in each municipal year: Provided, That 
every person subject to such labor, may in lieu thereof pay into the treas- 
ury of said city one dollar and fifty cents for each day he may be required 
to labor. (4) 

Sec. 6. It shall be the duty of the city superintendent of streets to serve 
a notice upon each person subject to the performance of street labor at least 
three days before such person shall be liable to appear and perform such 
labor or pay money in lieu thereof, (5) which notice shall be substantially as 
follows : 

State of Illinois, 

City of . 

To A. B. Sir; — You having been duly assessed a poll tax to labor on the 
streets and alleys in said city of , for the year 18 — , days ; you 



(1) It is a duty resting on cities to keep their streets and sidewalks in a safe condition for persons 
passing along and over them, but are not bound to keep them absolutely safe, but are bound to 
keep them reasonably safe. The City of Ilockford v Hildebrand, 61 111. R.,155; City of Centralia v. 
Krouse, 64 111. R.,19. 

When a sidewalk has been properly constructed with reference to safety, and through long 
use or natural decay, has become unsafe, before a party can recover of the city for injuries sus- 
tained in consequence thereof, it must appear that the city knew, or could have known, by the 
exercise of reasonable diligence, its unsafe condition, and sufficient time must have elapsed after 
notice in which to make the repairs. City of Chicago v. Langlass, 66 111. R. , 361. 

(2) A city holds the fee of its streets in trust for the benefit of all the corporators. Carter v. 
City of Chicago, 57 111. R., 283. 

(3) It is the duty of a town to take notice of the condition of its own sidewalks. Alexander v. 
Pres. and Trustees of ML Sterling, 71 111. R., 366. 

(4) See Laws 1S75, p. 62 ; see ante p. 68, § 71. 

(5) The persons subject to the performance of street labor are every able bodied male inhabi- 
tant above the age of twenty -one years, and under the age of fifty years. See ante p. 68, § 71. 



212 CITIES AND TILLAGES. [DIV. II. 



are hereby notified to appear at , on the day of , A. D. 18 — , 

at — o'clock — m., and bring with you [naming tools] for the purpose of 

laboring successive days on the streets and alleys of said city of , 

as you shall then and there be directed by the superintendent of streets of 
said city, or that you pay into the treasury of said city, within three days 
after the service of this notice, the sum of dollars cents, as com- 
mutation for such labor. 

C. D., City Superintendent of Streets. 

Sec. 7. It shall be deemed sufficient service of the notice aforesaid if 
the same or a copy thereof shall be delivered to the person liable to per- 
form such street labor, or if the same or a copy thereof be left at his usual 
place of abode with some member of his family above the age of ten years, 
first informing such member of such family of the contents thereof, or by 
leaving a copy thereof at his usual place of business with some clerk, agent 
or employee of the person sought to be notified. The return of the city 
superintendent of streets on the back of any such notice as to the manner 
of serving the same shall be prima facie evidence of the facts therein 
stated. 

Sec. 8. Any person liable to perform street labor, who shall after due 
notice as aforesaid, fail or refuse to perform such street labor, or pay the 
money in lieu thereof, according to the provisions of this ordinance, shall 
be subject to a penalty equal to the amount of money demanded in such 
notice, to be recovered by suit as in other cases of penalties. 

Sec. 9. No person shall be required to labor under section 5 of this ordi- 
nance, except a resolution of the city council shall be passed to that effect, 
requiring the labor to be done during the municipal year in which such 
resolution may be passed. 

Sec. 10. The city superintendent of streets shall annually prepare a list 
of all persons residing in said city, subject to street labor, with the name 
of such persons alphabetically arranged. He shall submit such list for 
inspection to the city council, and the mayor shall thereupon appoint a 
committee of three aldermen, whose duty it shall be to carefully examine 
the correctness of such list, and if any names are omitted, cause the same 
to be added; when completed, said list shall be by said commtttee 
delivered to the city clerk, who shall make and certify a copy of the same, 
and deliver such copy to the city treasurer and the original list — he shall 
deliver to the city superintendent of streets — and it shall be the duty of 
such superintendent to execute duplicate receipts to the persons named on 
said list for labor performed or money paid in lieu of labor ; and it shall be 
the duty of all persons to whom such receipts are executed, to file one of 
said receipts with the city treasurer; and no person shall be regarded as 
discharged from street labor for such municipal year until he shall have 
filed such duplicate receipt with the city treasurer. 

Sec. 11. The city treasurer and city superintendent of streets shall 
each credit their respective lists aforesaid, opposite the name of each per- 
son to whom such receipt as aforesaid shall be given, as follows as the 
case may be : " Paid with labor ; " " Paid with money." Said duplicate 
receipt shall be said treasurer's voucher for making such entry upon his 
list. 

Sec. 12. At least two months before the end of each municipal year, 
the city treasurer shall certify to the city council, a list of all delinquents 
who are not credited on his said list as having " Paid with labor;" or 
" Paid with money," as aforesaid, and the city council shall direct the city 
attorney to commence suit against such delinquents, as said council shall 
determine are liable for street labor. Such suits should be instituted by 



DIV. II.] FORMS OF ORDINANCES — STREETS AND SIDEWALKS. 213 



said attorney at a season of the calendar year thereafter best suited for 
street labor. 

Sec. 13. The city superintendent of streets shall warn all persons afore- 
said before January 1st of each year, and not thereafter. He shall before 
said date, warn, from time to time, the persons aforesaid liable to street 
labor, in such numbers only as he can best manage with advantage on the 
streets. 

Sec. 14. The city superintendent of streets shall furnish a detailed 
specification of all labor or material to be let by contract "by said city, and 
may bid to do such labor or furnish such material. But his bid shall not 
be accepted unless there is at least one other bona fide bid also made on 
such specification. He shall be allowed nothing per diem for superintend- 
ing any labor or improvement let to him by the city council on contract. 
But a committee of three aldermen shall be appointed to see thatthe term» 
of any such contract are fully complied with. 

Sec. 15. The city superintendent of streets shall be allowed compensa- 
tion for his services as follows : 

For superintending contract let to others $ 50 per diem. 

" time and labor actually and necessarily rendered the 

city 2 00 " 

" making out and serving duplicate notices under section 

6 and 7 hereof. 10 each. 

" executing duplicate receipts 5 " 

" preparing list under section 10 5 00 " 

Provided, That his per diem compensation shall never exceed two dol- 
lars per day, and shall be reported monthly to the city council for approv- 
al, modification or rejection, and the action of the city council shall be 
final in fixing the liability of said city to said city superintendent of 
streets. 

Sec. 16. The city superintendent of streets shall, in an account book 
belonging to his office, keep a list of all tools and implements belonging 
to said city ; a statement of materials and other property belonging to said 
city, and necessarily in his charge ; an account showing the amount of cash 
received in lieu of street labor, and from whom ; also, a statement of street 
labor rendered the city, and by whom. He shall enter in detail his com- 
pensation, as allowed monthly by the city council. He shall keep in said 
book a plain and accurate account of the amount of money expended on 
streets, alleys and sidewalks ; and in said book show all receipts and ex- 
penditure pertaining to said office ; said book shall be subject at all times 
to public inspection ; and he shall deliver the same to his successor in 
office. He shall cause all implements belonging to the city to be legibly 
marked C. of — . [initial letters for city']. 

Sec. 17. The city superintendent of streets shall cause all ordinances in 
relation to the streets, alleys and sidewalks, to be enforced, and shall enter 
complaint for violation thereof. He shall obey all such orders, general or 
special, as he may receive from the city council, the committee on streets 
and alleys, or the mayor ; and for any refusal or willful neglect to perform 
any duty required of him by any ordinance of said city, he shall be sub- 
ject to removal from office. 

Sec. 18. The city council shall, as soon as practicable after the com- 
mencement of each fiscal year, appropriate from the general fund an 
amount to be expended in improving and repairing the streets, sidewalks, 
and alleys, and the city treasurer shall immediately notify the mayor or 
city council when any such appropriation is exhausted, and, thereafter, 
no warrant shall be drawn against the same until the further order of the 
city council ; and no new contract shall be let or improvements ordered, 



214 CITIES AND TILLAGES. [DIY. II. 

except for such, repairs of tiie streets and alleys as may be actually nec- 
essary. 
Sec. 19. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved 18 — . 

Published , 18—. 

. A. B., Mayor. 

I Attest. 

CD,, City Clerk. 



Form of ordinance definlnj and punishing misdemeanors. 
ORDINANCE No. — . 

An Ordinance to define and provide for punishment of misdemeanors. 

Section 1. Be it ordained by the city council of ■, That 

each or* the following sections shall be deemed to state a misdemeanor or 
misdemeanors, which, if severally or jointly committed by any person or 
persons, or corporation, within the territorial jurisdiction of said city, 
shall subject the offender or offenders severally, to a penalty of not less 
than three dollars nor more than two hundred dollars :(1) Provided, That 
upon conviction, the offender may have such penalty imposed, abated by 
the city council, if in their judgment the same is excessive; and, pro- 
vided further, that any act or omission forbidden by this ordinance, shall 
be deemed amisdeamor; but where more than one offence is stated in 
a section, the offender thereof shall be liable to only one penalty. (2) 

Sec. 2. No person shall commit an assault, or assault and battery. (3) 

Sec. 3. No person shall provoke a breach of the peace, or shall use any 
violent s threatening, profane or indecent language, to the disturbance of 
any person, or shall use any threatening, reproaching, or abusive language 
to, of or concerning any other person, tending to provoke a breach of the 
peace. (4) 

Sec. 4. No person shall be drunk, nor shall be in a state of intoxication 
in any street, thoroughfare, or public place, or in any private house, or 
place, to the disturbance of any person. (5) 

Sec. 5. No person shall be guilty of disorderly conduct, or shall make, 
aid, countenance, or assist in making, any improper noise, riot, disturb- 
ance, or breach of the peace. (6) 

Sec. 6. No person shall be guilty of open lewdness, disorderly conduct, 
or act of public indecency, tending to debauch the public morals. (7) 

Sec. 7. No person shall fire or discharge any cannon, gun, fowling 

(1) See ante p. G4, clause 90. (2) See ante p. GG, § G6. 

(3) See Rev. Stat., p. 355, § 20 ; ante p. 68, note 1. 

The power to pass ordinances to punish parties who commit assaults and batteries is granted to 
cities and villages, under the general incorporation law. See ante p. 58, clause 72 ; p. 5G, clause 
59. 

A prosecution for violation of a city ordinance is a civil proceeding, and where the offense is 
assault and battery it does not change the character of the proceeding. The town only acquires 
jurisdiction because the offense is prohibited bv ordinance. Graubner v. City of Jacksonville, 50 
111. R, 87; Hoyer et al. v. Town of Mascoutah 59 111. R., 137. 

(4) See ante p. 56, clause 59. (5) See ante p. 56, clause 59. 
(6) See ante p. 58, clause 72. (7) See ante p. 56, clause 59. 



DIY. II.] FORMS OF ORDINANCES — MISDEMEANORS. 215 

piece, pistol, or firearms of any description, or fire, explode, or set off any 
squib, crackers, or anything containing powder, or other explosive sub- 
stances, on Sunday. (1) 

Sec. 8. No person shall, by any menace, profane swearing, vulgar 
language, or any disorderly or unusual conduct, interrupt or disturb any 
assembly of people met for the worship of God. (2) 

Sec. 9. No person shall willfully interrupt or disturb any school, or 
other assembly of people, met for a lawful purpose. (3) 

Sec. 10. No person, for the purpose of bathing or otherwise, shall ap- 
pear in any public place in a state of nudity, or in a dress not belonging 
to his or her sex, or in any indecent and lewd dress, or make any indecent 
exposure of his or her person. (4) 

Sec. 11. No person shall exhibit, sell, or offer to sell, give away, or offer 
to give away, or have in his possession, with or without intent to sell or 
give away, any obscene and indecent book, pamphlet, paper, drawing, 
lithograph, engraving, picture, daguerreotype, photograph, steroscopic 
picture, model, cast, instrument or article of indecent or immoral use. (5) 

Sec. 12. No person shall keep or maintain a house of ill-fame or assig- 
nation, or place for the practice of prostitution or lewdness. No person 
shall patronize or be an inmate of the same, nor let, own or be interested 
in any house, room or other premises for any such purpose, or shall keep 
a common, ill-goverened, disorderly house, to the encouragement of idle- 
ness, gaming, drinking, fornication or other misbehavior. ((3) 

Sec. 13. No person shall instigate, cause or procure, or in any manner 
assist in any indecent exhibition of any animal, or shall exhibit or per- 
form any indecent, immoral, or lewd play or show, or representation of 
any kind. (7) 

Sec. 14. No person shall overload, overwork, cruelly beat, ill treat, tor- 
ture, mutilate, or cruelly kill any animal, or cause, or knowingly allow 
the same to be done. (8) 

Sec 15. No person shall instigate, cause or procure any dog fight, 
prize-fight, cock-fight, nor any public or private fighting. (9) 

Sec. 16. No person shall negligently or wilfully injure, destroy, or de- 
face any bridge, crossing, sidewalk, lamp, lamp- post, or other property of 
said city. (10) 

Sec. 17. No person shall play for money, or other valuable thing, at 
any game with cards, dice, checks or at billiards, or with any other article, 
instrument or thing whatever, which may be used for the purpose of play- 
ing or betting upon, or winning or losing money, or anything of value, 
nor shall bet on any game others may be playing. (11) 

Sec. 18. No person shall keep a common gaming house, or in any build- 
ing, place, booth, yard or garden, by him or his agent used and occu- 
pied, procure or permit any persons to frequent or to come together to play 
for money, or other valuable thing, at any game, nor shall keep or suffer 
to be kept any tables or other apparatus for the purpose of playing at any 
game or sport for money, or any valuable thing, nor shall keep or rent any 
such place for any such purpose. (12) 

(1) See cmtep. 57, 58, clause 65, 72; Rev. Stat. p. 391, § 2G0. 

(2) See ante p. 56, clause 59. (3) See ante p. 56, clause 59. 
(4) See ante p. 57, clause 66. (5) See ante p. 52, clause 45. 
(6) See ante p. 52, clause 45. (7) See ante p. 51, clause 41. 
(8) See ante p. 58, clause 73. (9) See ante p. 56, clause 59. 
(10) See ante p. 45, clause 15. (11) See ante p. 52, clause 45. 
(12) See ante p. 52, clause 45. 



216 CITIES AND VILLAGES. [DIV. II. 

Sec. 19. No person shall keep, maintain, direct or manage, or aid in 
the keeping, maintaining, directing or managing of any lottery for the 
drawing or disposing of money or any other property or thing what- 
ever. (1) 

Sec. 20. No person shall vend, give away, or otherwise dispose of any 
lottery tickets. (2) 

Sec. 21. No person shall manage, use or practice any trick, slight of 
hand, game or device whatever with the intent of winning or procuring 
the property or money of another person, by inducing him or her to bet, 
loan, deposit, or stake money or property upon the result of such trick or 
game. (3) 

Sec. 22. No person shall knowingly suffer or permit any dangerous, 
unruly, fierce or mischievous animal, being the owner or keeper thereof, 
to run or be at large, to the danger, annoyance or damage of any other 
person. (4) 

Sec. 23. No person shall at any place in said city, fly kites, throw 
stones, trundle hoops, play ball, or engage in any sport or exercise likely 
to frighten horses, injure passengers embarrass the passage of vehicles, or 
obstruct the business of other persons. (5) 

Sec. 24. No person shall burn or set fire to any combustible matter, 
within one hundred feet of any shed, barn or building, without, 
posting at least two persons, over the age of fifteen years, to guard the 
same, until such fire is entirely extinguished. (G) 

Sec. 25. No person shall allow any dead animal, being the owner or 
keeper thereof, to remain without being buried within the territorial juris- 
diction of said city. ( 7) 

Sec. 26. No person shall leave open, uncovered or unguarded, any cel- 
lar door, pit, vault or other subterraneous opening leading from, into or 
upon any street, alley, or sidewalk of said city. (8) 

Sec. 27. No person, except peace officers,' shall carry or wear, under 
his or her clothing, or concealed about his or her person, any pistol, re- 
volver, slung-shot, knuckles, bowie knife, dirk knife, dirk, dagger, or any 
other dangerous or deadly weapon, without the written permission of the 
mayor of said city. (9) 

Sec. 28. No person shall write, print or paint with chalk, ink, paint, 
or other material, any obscene words, language or expression, upon any 
building, tenement, fence, wall or other place, or draw, or paint on the 
same, any figure, picture or representation of anything of an immodest or 
vulgar character. (10) 

Sec. 29. No person shall stick, paste, put up, or place, upon or against 
any building, tenement, fence, wall, lamp post, or other place, any hand 
bill, show bill, picture, or representation, unless by the consent of the owner 
or occupant of such building, tenement, fence, wall, lamp post, or place, nor 
shall it be lawful for any person in said city, to stick, paste, put up, or place, 
or cause to be stuck, posted, put up, or placed upon or against any building, 
tenement, fence, wall, or any public place, any gross, indecent or lewd 
written or printed advertisement, picture, hand bill or notice respecting 
such person's professional skill, or remedies for the cure of what are called, 
11 Secret diseases. "(11) 

(1) See ante p. 52, clause 45. 

(2) See ante p. 52, clause 45. (3) See ante p. 52, clause 45. 
(4) See ante p. 61, clause 80. (5) See ante p. 64, clause 92. 

(6) See ante p. 57, clause 65. (7) See ante p. 58, 60, clause 75, 78. 

(8) See ante p. 45, clause 14 ; ante p. 60, note 1. (9) See ante p. 57, clause 66. 

(10) See ante p. 52, clause 45. (11) See ante p. 46, 52, clause 17, 45. 



DIV. II.] FORMS OF ORDINANCES— MISDEMEANORS. 217 



Sec. 30. No person shall, with other persons, congregate about or upon 
any stairway, doorway, window, or in front of any business or dwelling 
house, theatre, lecture room, church, or elsewhere, and by so doing 
obstruct or interfere with the free passage of persons entering or occupy- 
ing any such buildings or premises, or by his or her language, conversa- 
tion or conduct, annoy, insult or disturb persons passing along the streets 
or alleys, or occupying, residing or doing business in any of said houses or 
places. (1) 

Sec. 31. No person shall, at any time, within the corporate limits of 
said city, kill or attempt to trap, net, ensare, destroy or kill any robin, 
bluebird, swallow, martin, mosquito-hawk, whip-poor-will, cuckoo, wood 
pecker, cat-bird, brown thrasher, red-birds, hanging birds, sparrow wren, 
humming bird, dove, goldfinch, mocking bird, blue jay, finch, thrush, 
lark, cherry-bird, yellow-bird, oriole or bobolink ; nor shall it be lawful to 
rob or destroy the nests of such birds, or of any or either of them. (2) 

Sec. 32. No person shall, in said city, keep any dog, whelp, bitch, calf or 
other animal shut up or tied up in any yard, house or other place, which, 
by barking, howling, or by other noises, shall disturb the peace and quiet 
of any family, individual oi neighborhood. (3) 

Sec. 33. No person shall place, fasten or leave standing any horse, 
mare, gelding, ox, mule or ass on any paved or improved sidewalk in said 
city, or leave standing unfastened therein, any of the animals aforesaid, 
or any team of either, in harness or attached to any wagon, sled, carriage, 
dray, cart, or other vehicle, so that the same may be liable to run away ; 
or cause, suffer or allow any of the same to pass through any street, alley 
or public place without a suitable driver, or ride or drive any of the afore- 
said animals violently through or along any street, alley or public place 
in said city, so as to endanger the safety of any person, or to suffer any of 
the animals aforesaid to travel or run faster than an ordinary or moderate 
trot or pace, in, upon or over any street, alley or public place in said city ; 
or stop any team in any street, lane, alley or other public way, in such a 
manner as to prevent other teams from passing at all times, except in case 
of absolute necessity ; or stop any team at the regular crossings of streets 
so as to prevent free passage for foot passengers ;(4) or fasten any such ani- 
mals aforesaid in such a way that the animal, or vehicle, reins or lines 
attached to such animal shall obstruct the free use of the sidewalk. 

Sec. 34. No person shall fasten any horse or other animal to any fence, 
railing or tree, or boxing around any tree, without the consent of the 
owner thereof, nor to any shade or ornamental tree, or the boxing or rail- 
ing around the same, which may be standing or growing upon any street 
or sidewalk of said city. Nor shall any person cut, injure, bend or climb 
upon any shade or ornamental tree or boxing around the same, standing 
pon any street or sidewalk of said city. (5) 
Sec. 35. No person shall incumber or obstruct any street, alley or side- 



(1) See ante p. 58, clause 72. (2) See ante p. 58, clause 73. 

(3) See ante p. 58, clause 72. ( t) See ante p. 43, 45, clause 10, 14, 21. 

(5) See ante p. 42, clause 9. 

A town having control of its streets, with power to improve them, may allow property holders 
to adorn the same by setting out shade trees along their premises, and by doing so will not lose 
its control over the trees so planted, and may protect the same as against such parties. Baker v. 
Toivn of Normal, 81 111. R., 108. 

An ordinance prohibiting the hitching of any horses to shade trees in the streets, or to any 
shade trees or fence railing upon any street, or upon private premises, so far as it relates to trees 
in the public streets is not void, and the owner of the adjoining property is liable to the penalty 
if he hitches his horse to such tree. Baker v. Town of Normal, 81 111., R., 108. 



218 CITIES AND VILLAGES. [DIY. II. 

walk with building materials, or any article or thing whatever, without 
first having obtained the written permission of the mayor, or city super- 
intendent of streets ; nor shall any person, except in case of urgent neces- 
sity and for a short time, incumber or obstruct more than one-third of any 
street or alley, or one-half of any sidewalk. (1) 

Sec. 36. No person shall injure or tear up any pavement, side or cross- 
walk or any part thereof, or dig any hole, ditch or drain in, or dig or 
remove any sod, stone, earth, sand or gravel from any street, alley, or pub- 
lic ground of said city, without having first obtained the written permis- 
sion of the mayor, or city superintendent of streets. (2) 

Sec. 37. No person shall place or cause to be deposited on any street, 
alley, sidewalk or public square of said city, any manure, or filth, or any 
substance emitting an unwholesome or offensive smell, or any trash, old 
iron, brick bats, ashes, chunks of wood, old tin or tinware, old boots or 
shoes, rails, wood, brush, poles, straw, paper, shells, cans, swill or other 
rubbish, or leave standing in any street or alley of said city any wagon, 
buggy, sled or other vehicle, so as to obstruct or render inconvenient the 
passage of other persons through or along said street or alley : Provided, 
That no person shall be liable to suffer any penalty under this section who 
shall remove any such vehicle or rubbish aforesaid, within the first twen- 
ty-four hours after notice so to do from the city superintendent of streets, 
city marshal or mayor. (3) 

Sec. 38. No person shall suffer the sidewalk in front of or adjoining the 
premises, owned or occupied by him or her, to become obstructed with 
snow, trash, dirt or weeds. (4) 

Sec. 39. No person shall carry away or remove, or shall wilfully, ma- 
liciously or negligently break, deface, destroy or otherwise injure any 
monument, tombstone, tree, shrub, railing, fence or other property or arti- 
cle or thing belonging to any cemetery withing said city. (5) 

Sec. 40. No person shall wilfully make a false alarm of fire by out-cry, 
or by using any bell or other sounding instrument ; nor shall any person 
make any false alarm of any kind calculated to disturb the peace of said 
city. (6) 

Sec. 41. No person shall sutler any animal belonging to him or her to 
wear a bell to the annoyance of any other person. (7) 

Sec. 42. No person shall in any part of the chy, fire or discharge any 
cannon, gun, pistol, or other fire arms, or shall set off, fire or explode any 
torpedo, fire cracker, fire ball, rocket or other fireworks whatever, or shall 
make or kindle any bonfire. But the discharge of fire arms, the setting 
off or exploding of fire works and the making of bonfires upon national 
holidays, and in the celebration of other public and general events, or the 
dischage of fire arms by the members of any military company when on 
parade, and in accordance with the command of the commanding officer, 
or by any city officer or other person in the discharge of any legal duty, or 
lawful act, when the same may be done in such a manner as not to endan- 
ger the safety of any person, or in the injury of any property, shall not be 
deemed a violation hereof. (8) 

Sec. 43. No person shall indecently exhibit any stud horse or bull, or 
let any such horse to any mare or mares, or any such bull to any cow or 



(1) See ante p. 46, clause 17. (2) See ante p. 45, clause 15. 

(3) See ante p. 45, clause 15. (4) See ante p. 45, clause 14. 

(5) See ante p. 60, clause 79. (6) See ante p. 58, clause 72. 

(7) See ante p. 58, clause 72. (8) See ante p. 57, clanse 65. 



DIV. II.] FORMS OF ORDINANCES— MISDEMEANORS. 219 



cows, within the limits of this city, unless in some inclosed place out of 
public view, said place to be first approved and passed upon by the city 
council, nor shall allow any such stud horse or bull to run at large, nor 
shall hitch or tie the same or either of thern in public view to any tree, 
fence or hitching rack, within the limits of said city, or shall keep such 
stud horse inclosed in any lot, pen or other place, unless such lot, pen or 
other place is sufficiently inclosed to obstruct the public view.(l) 

Sec. 44. No person shall throw or cast any stone or other missile upon 
or at any building, tree or other public or private property, or upon any 
person in any street, avenue, alley, lane, public place, or inclosed or unin- 
closed ground in said city, or shall aid or abet in the same. (2) 

Sec. 45. No person shall, knowingly, sell or expose, or offer for sale, 
any sick or diseased animal, poultry or fish, to be used or eaten for food, or 
the flesh of any sick, diseased, or otherwise unwholesome dead animal, 
poultry or fish, or the flesh of any animal, fowl or fish, not usually used 
or deemed wholesome for food, or any other unsound or unwholesome pro- 
visions or article of food whatever, or any pernicious or adulterated milk, 
drink or liquors. (3) 

Sec. 46. No person shall wilfully and maliciously tear down, mutilate 
and deface, or render illegible, any notice, hand-bill or poster lawfully 
posted up on any street, alley, avenue or other place in said city. (4) 

Sec. 47. No person shall purposely change or remove any stake, post or 
stone placed or set to designate the corner or line of any lot or land, street 
or alley, or show the grade of any street, alley or sidewalk. (5) 

Sec. 48. No person shall suspend any merchandise, or other article, or 
set up or cause to be set up, any sign, box or fixture, which shall extend 
over or upon any sidewalk more than eighteen inches from the building 
line, or inside of said sidewalk, unless such merchandise or other article, 
sign box or fixture be suspended at least eight feet above the sidewalk : 
Provided, That nothing herein shall be so construed as to prevent mer- 
chants or manufacturers from occupying with their wares, two feet of the 
inside of the sidewalk, nor prevent any person from occupying a greater 
space on the sidewalk when receiving or shipping goods. (6) 

Sec. 49. No person shall falsely represent himself to be an officer of 
said city, or shall, without being duly authorized, exercise, or attempt to 
exercise any of the duties, functions or powers of a city officer ; or shall 
hinder, obstruct, resist or otherwise interfere with an city officer in the 
discharge of his official duties, or attempt to prevent any such officer from 
arresting any person, or attempt to rescue from such officer any person in 
his custody. (7) 

Sec. 50. No person shall refuse to aid in the arrest of any offender 
when ordered to do so by the city marshal, mayor, or any policeman of 
said city. (8) 

Sec. 51. No person shall aid, abet or encourage the rescue or escape 
from prison of any person legally committed thereto, or shall supply, or 
attempt to supply, any such person with any weapon or intoxicating 
liquors, or with any implement or means of escape while in prison or in 
the legal custody of any officer of said city. (9) 



(1) See ante p. 57, clause 66. (2) See ante p. 64, clause 92. 

(3) See ante p. 56, clause 50. (4) See ante p. 46, clause 17. 

(5) See ante p. 40, clause 7. (6) See ante p. 43, 46, clause 10, 17. 

(7) See ante p. 57, 58, clause 66, 71. (8) See ante p. 57, 58, clause 68, 71. 
(9) See ante p. 57, clause 69. 



220 CITIES AND VILLAGES. [dIV. II. 

Sec. 52. No person shall make or cause to be made any structure, 
enclosure, fence, cellar door, stairway or building encroaching in whole or 
in part upon any street, alley or sidewalk of said city.(l) 

Sec. 53. To person, being the owner of any structure, enclosure, fencs, 
cellar door, stairway or building, which encroaches upon any street, alley 
or sidewalk, shall fail to remove the same within thirty days after writ- 
ten notice so to do, made pursuant to a special resolution of the city coun- 
cil. (2) 

Sec. 54. No person shall use any false scale, beam, weight or measure, 
in the purchase or sale of any article of property, knowing such weight 
or measure to be materially inaccurate and different from the standard 
prescribed by the laws of the State of Illinois, or rules of trade. (3) 

Sec. 55. No person shall ride or drive upon any sidewalk of said city, 
any horse, mule, ass, or other animal, whether attached or not attached to 
any vehicle, in such a manner as to break or injure such sidewalk. (4) 

Sec. 56. No person shall erect, or cause to be erected, in, on or around 
any park, public grounds or public square, or on any sidewalk, or in any 
alley or street of said city, in such a manner as to obstruct the light or 
view of any other person, or the free circulation of the air, any bulletin 
board, fence or structure upon which to post, or paste any show bill or 
advertisement of any kind, or for any other purpose whatsoever. (5) 

Sec. 57. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — 

Published , 18— 

, <— ^—* ^ A. B. ? Mayor. 

-J e. s. > Attest : 

{ w— ' > C. D., City Clerk. 



Form of ordinance defining boundaries and wards of city. 

ORDINANCE NO. — . 

An Ordinance defining the boundaries of the city dividing the same 
into wards and providing for elections. 

Section 1. Be it ordained by the city council of , That 

the corporate limits of said city are hereby declared to be as follows : 

[Here set forth the boundaries.] 

Sec. 2. That the corporate limits aforesaid of said city are hereby 
divided into three wards, as follows :(G) That portion north of the center 

of street and east of the center of street, shall constitute the 

first ward. 

That portion north of the center of street, and west of the center 

of street, shall constitute the second ward; and 

(1) See ante p. 43, clause 10. 

A municipal corporation has no power to authorize the owner of a lot to erect a stairway ex- 
tending into a public street or alley. Such a structure is a purpresture, and is per se a nuisance. 
Pettis v. Johnson, Sup. Ct. Indiana, June 5, 1877 ; Monthly Jurist, 1877, p. 368. 

(2) See ante p. 43, clause 10. (3) Sec ante p. 56, clause 56. 
(4) See ante p. 43, clause 10. (5) See ante p. 46, clause 17, 
(6) See ante p. 28, § 30; p. 33, § 51. 



DIV. II.] FORMS OF ORDINANCES — WARDS, ELECTIONS. 221 

That portion south of a line running east and west, through the center 
of street, across the entire corporate limits of said city, shall consti- 
tute the third ward ; all persons residing in any house situate on said line 
shall be considered in the third ward. 

Sec. 3. An alderman from each ward shall annually(l) (on the third 
Tuesday of April), (2) be elected for a term of two years ; and on the third 
Tuesday of April, A- D. 18 — ,(3) and biennially thereafter, said city shall 
elect the following officers : A mayor, a city clerk, a city attorney, a city 
treasurer: Provided, No person shall be elected to the office of city treas- 
urer for two terms in succession. 

Sec. 4. The corporate limits of said city as hereby declared to be one 
election district. (4) No person shall be allowed to vote at any election 
who has not resided thirty days in said city, and is otherwise legally qual- 
ified to vote at any state election, according to the laws of Illinois.(5) 

Sec. 5. It is hereby declared unlawful for any elector to vote for any 
person for the office of alderman of said city who does not reside in the 
same ward in which such elector resides, under penalty for each willful 
violation of this section of not less than fifty dollars or more than two 
hundred dollars. (6) 

Sec. 6. The city council shall, within a reasonable time before any gen- 
eral or special election, appoint one judge of election and one clerk of elec- 
tion from each ward, each of whom shall receive as officers of such election 
the sum of two dollars per diem. (7) 

Sec. 7. The judges appointed to act for any election, shall be provided 
by the city council with a separate ballot box for each ward of said city. (8) 
Said judges during the progress of any election shall keej) in plain view 
of electors when voting each ballot box and the name of the ward pasted 
or painted thereon, to which such ballot box belongs. Said judges 
shall receive the ballot of each voter when presented, and deposit the 
same in the box bearing the name of the ward in which such voter claims 
to reside. 

Sec. 8. There shall be provided a separate poll book for each clerk, ruled 
so as to provide three colums for numbers and three columns for names ; 
said columns of names shall be headed respectively, " Names of voters of 
the first ward ; " " Names of voters of the second ward," and " Names of 
voters of thethird ward." The namesof the voters,as well as the correspond- 
ing ballots of each voter of the several wards, shall be numbered separately, 
commencing with 1 (one) to number the voters and ballots of each ward. 
Each clerk shall write the name of each voter, whose ballot is received in 
the column of the poll book, provided for the names of the voters of the 
ward to which said voter belongs. 

Sec. 9. At the close of each election the judges thereof shall proceed 
to count the votes of each ward separately, and publicly announce the 
result thereof, commenceing with the ballot box of the first ward and end- 
ing with the ballot box of the third ward, and shall string and seal up the 



(1) See ante p. 33, § 51. (2) See ante, p._32, § 48. 

(3) See ante p. 19, § 14. (4) See ante p. 33, § 56. 

(5) All persons entitled to vote at any general election, for state officers, within any city or 
village, having resided therein thirty days next preceding thereto, may vote at any election for 
city or village officers. See ante p. 32, § 50. 

(0) See ante p. 64, clause 9G. (7) See ante p. 35, 56 ; p. 76, \ 86. 

(S) The manner of conducting and voting at elections, held in cities and villages, and contest- 
ing elections, is required to be the same, as near as mav be, as in case of elections under the 
general election law of the state. See ante p. 35, \ 57. 



222 CITIES AND VILLAGES. [DIY. II. 



ballots of each ward separately. Said, judges shall designate in writing on 
each package of ballots, the number of the ward to which the same be- 
longs. All of said ballots — a tally list — and one of said poll books shall be 
carefully enveloped and sealed up and put into the hands of one of said 
judges, who shall deliver the same to the city clerk of said city, withi?i 
two days after the election, who shall deliver the same to the city council 
at their next meeting. (1) 

Sec. 10. It is hereby declared the duty of the city council to meet at 
some reasonable hour, on the third day after any such election, and can- 
vass the returns thereof; declare the result, and cause a statement thereof 
to be entered upon its journal. If the willful absence of any alderman 
shall prevent the meeting of a quorum of the city council, such alderman 
shall be subject to a fine of not less than fifty dollars or more than two 
hundred dollars. 

Sec. 11. It shall be the duty of the city clerk, within five days after the 
result of such an election is declared, to notify all persons elected to oflice, 
that they are so elected, and unless thay qualify within ten days after 
such notice, the office to which they are elected will become vacant, accord- 
ing to the statutes of the State of illinois.(2) 

Sec. 12. Any newly elected alderman may, immediately upon being 
notified as aforesaid of his election, go before the city clerk of said city, 
and take and subscribe the oath of office required by the statute of the 
State of Illinois ; and from thenceforth such alderman shall be entitled to 
his seat in the city council of said city. Said clerk shall file said oath in 
his office. 

Sec. 13. On the fourth Tuesday of April of each year, at the usual hour 
and place of meeting of the city council, all newly elected and qualified 
aldermen shall meet with the members of the retiring council; and it 
shall be found (counting the aldermen whose terms of office have not 
expired, and such newly elected aldermen who have qualified) that there 
are at least four such aldermen present — such four or more aldermen shall 
proceed to organize a new city council, the mayor, or retiring mayoi\or 
one of their own members, as temporary chairman, shall preside. 

Sec. 14. The first duty of the city council, after its organization as 
aforesaid, shall be to pass upon the sufficiency of the official bonds of the 
newly elected city officers, commencing with the official bond of the newly 
elected mayor ; and if in their judgment the bond of such mayor is good 
and sufficient, they shall cause their approval of the same to be entered 
upon the journal of said council; and thereupon, the retiring mayor, or 
city clerk, or other competent person, shall administer the oath of office 
to such mayor, who shall subscribe and file the same with the city clerk 
and immediately enter upon the duties of his office. In like manner, al 
city officers, except aldermen, shall give bond and take the oath of office, 
within the time prescribed by the statutes of Illinois ; but they shall not 
enter upon the duties of their office, until the first day of May next, after 
the regular municipal election : Provided, That any officer elected or ap- 
pointed shall enter, as soon as qualified, immediately upon the duties of 
his office, when there is a vacancy. 

Sec. 15. All officers of said city, except the mayor and the aldermen 
shall be commissioned according to the provisions of section 76, chapter 
24, Revised Statutes (1874) of Illinois. All such commissions shall be 
made to expire annually or biennially thereafter, as the case may be, on 
the first day of May. 



(1) See ante p. 35, § 57. (2) See ante p. 35, § 5< 



DIY. H.] FORMS OF ORDINANCES—- CITY OFFICEES. 223 



Sec. 16. All city elections shall be holden at [state the place of hold- 
ing elections'], in said city, unless some other place shall be designated 
by the city council, in the notice given of such election. (1) 

Sec. 17. The city clerk shall give at least twenty days notice of the 
time, place of election, and officers to be elected, or matter or thing to be 
voted on, of all city elections, according to section 56, chapter 24, Bevised 
Statutes (1874) of Illinois. 

Sec* 18. The qualification of electors, the manner of conducting elec- 
tions, the tenure and qualification of all city officers, shall be the same as 
prescribed by the statutes of the State of Illinois, subject only to such mod- 
ifications as are provided in the ordinances of said city. (2) 

S£c. 19. The municipal year of said city, shall be construed to begin on 
the first day of May, of one calender year, and end the first day of May, 
the succeeding calender year. (3) The commissions of the several city offi- 
cers, whether elected or appointed, shall be worded to expire on said" clay. 
All licenses or contracts made to expire with the municipal year, shall end 
on said day. The wages and salaries of employees and officers of said city, 
shall be reckoned by the calendar month from May first of one year, to 
May first the succeeding year. 

Sec. 20. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

( -^ — ) A. B., Mayor. 

•j l. s. [■ Attest : 

( ^*~ ' CD., Citv Clerk. 



Form of ordinance concerning city officers. 

ORDINANCE NO. — . 
An Ordinance concerning city officers. 

Section 1. Be it ordained by the city council of , That 

the officers of said city shall be, (in addition to the mayor and city council) 
as follows: A city clerk, city treasurer, city attorney, city superintendent 
of streets, city marshal, (4) and one police magistrate. (5) Policemen(6) and 
other officers may be appointed by the mayor, by and with the advice and 
consent of a majority vote of all the aldermen authorized by law to be 
elected. Such vote to be taken by the yeas and nays and entered of rec- 
ord. (7) 

Sec. 2. All officers of said city, whether elected or appointed, shall, 
before entering upon the duties of their respective offices, take and sub- 
scribe the following oath or affirmation: 

"I do solemnly swear (or affirm, as the case may be) that I will support 
the Constitution of the United States, and the Constitution of the State of 

Illinois, and that I will faithfully discharge the duties of the office of , 

according to the best of \nj ability." 



(1) See ante p. 35, § 56. 2) See ante p. 35, \ 57. 

(3) See ante p. Ill, § 176. (4) See ante p. 69, § 72. 

(5) See ante, p. 115, \ 192 ; Laws 1875, p. 91 ; Haines Treatise, new ed., p. 967. 

(6) See ante, p. 70, g 73. (7) See ante p. 134 (Mayor's Act.) 



224 CITIES AND TILLAGES. [Dry. H. 

Which oath or affirmation shall be filed in the office of the clerk ; and 
all such officers, except aldermen, shall, before entering upon the duties 
of their respective offices, execute a bond, with security to be approved by 
the city council, in such penal sum hereinafterwards provided ; condi- 
tioned lor the faithful performance of the duties of his office, and the pay- 
ment of all moneys received by such officer according to law, and the 
ordinances of said city: Provided, however, that in no case shall the may- 
or's bond be fixed at a less sum than three thousand dollars ($3,000) ; nor 
shall the treasurer's bond be fixed at a less sum than the amount of the 
estimated tax and special assessments for the current year — which bonds 
shall be filed with the clerk (except the bond of the clerk, which shall be 
filed with the treasurer) ;(1) Provided, further, that the official boiJd of 
the city clerk, city attorney, city marshal, and city superintendent of 
streets, is hereby fixed at one thousand dollars; and the bond of each 
policemen and other appointee of said city, at five hundred dollars. (2) 

Sec. 8. No person shall be eligible to any office who is not a qualified 
elector of the city, and who shall not have resided therein at least one year 
next preceeding his election or appointment, nor shall any person be 
eligible to any office who is a defaulter to the corporation. (3) 

Sec. 4. No officer shall be directly or indirectly interested in any con- 
tract, work or business of said city, or the sale of any article, the expense, 
price or consideration of which is paid from the treasury, or by any assess- 
ment levied by any act or ordinance ; nor in the purchase of any real 
estate or other property belonging to the corporation, or which shall be 
sold for taxes or assessments, or by virtue of legal process at the suit of 
said corporation. (4) 

Sec. 5. No mayor, alderman, city clerk, or treasurer, shall hold any 
other office under the city government during his term of office. (5) 

Sec. 6. The mayor, aldermen, city marshal and all policemen and 
watchmen of said city, shall be conservators of the peace ; and as such, 



(1) See ante, p. 71, $ 75. Where the term of office of an officer is fixed by law at two years, and 
the record shows that the office was filled by appointment at the time when, by law, the term 
would expire, it is conclusive that the appointment was for two years from that date, and the 
sureties on the bond of the officer so appointed will be liable for his acts during the full term of 
two years from the date of his appointment. Ladd et al. v. Board of lYustees, etc., 80 111. R., 233. 

When after a person had been elected county treasurer and given bond, and a subsequent 
special act of the legislature authorized the county authorities to levy a tax for the erection of an 
alms house, and they did so Held, such action did not impose such additional liability as would 
release the sureties on the treasurer's bond. They will be presumed to have become sureties, 
knowing such acts could and might be done during the official term of the treasurer. Such sure- 
ties are liable for the faithful performance of duties, whether imposed previous or subsequent to 
the execution of the bond, if within the scope of his official duties. Smith v. Peoria County, 59 
111. R., 412. 

Where a town officer was elected his own successor, and gave a new bond, Held, that the sure- 
ties were liable on such bond for any amount which appeared to have been in the hands of such 
town officer belonging to the town, at the end of the preceding official term. Morley v. Ihe Town 
of Metamora, 78 111. li., 391. 

Failure by a township collector to give bond after receiving an official bond with the proper 
amount for to execute and obtain securities on ; Held, this was a sufficient notice of the amount 
of taxes to be collected by him, and that it was his duty to have executed and presented for ap- 
proval to the proper authority his bond, within eight days thereafter, and his failure to doso was 
properly deemed a refusal to serve and the town board were justified in refusing such bond when 
afterwards presented, and in appointing another person to the office. Ross v. The People ex rel 
Johnson, 78 111. R., 375. 

(2) Additional surety or new bond may be required of all public officers. See Rev. Stat, p. 
728, § 1. And sureties may in certain cases be released. See Rev. Stat., p. 729, § 10. 

(3) See ante p. 72, g 77. (4) See ante p. 73, \ 78. 
(5) See ante p. 74, § 80. 



DIV. II.] FORMS OF ORDINANCES — CITY OFFICERS. 225 



shall exercise the power conferred on them under section 83, of chapter 24, 
Revised Statutes, 1874, of Illinois. 

Sec. 7. Any constable or sheriff of county, Illinois, may serve 

any process, or make any arrest, authorized to be made by any city 
officer. (1) 

Sec. 8. The mayor and city clerk shall administer oaths and affirma- 
tions upon all lawful occasions. (2) 

Sec. 9. The fees, salary or compensation of no city officers, who is 
elected or appointed for a definite term, shall be increased or diminished 
during such term. (3) 

Sec. 10. As a full compensation for the discharge of the duties of their 
respective offices, as the same are or may be defined by law or by any ordi- 
nance of said city now or hereafter in force, the hereinafter named offi- 
cers shall be paid as follows — that is to say : 

Each alderman shall receive three dollars for each meeting] 
of the city council; (4) Provided, the compensation of no I *, 

alderman shall exceed forty-eight dollars per annum ; and no Y month 

other compensation than for attendance upon such meetings p 
shall be allowed to any alderman. J 

The mayor shall receive five dollars for each meeting of] 
the city couucil, and no other compensation than for attend- I $6 

anceupon such meetings :(5) Provided, the compensation of [per month, 
mayor shall not exceed seventy-two dollars per annum. J 

The city clerk and city treasurer shall each receive a sal- 1 
ary of seventy-two dollars per annum, and such fees as may I $6 

be allowed either of them, under the laws of Illinois, or ordi- | per month, 
nances of said city. J 

The city attorney shal receive a salary of one hundred and \ $10 

twenty dollars per annum. J per month. 

The city marshal shall receive a salary of five hundred and ] *^g 

forty dollars per annum, and such fees as are or may be al- v month 
lowed under the laws of Illinois, or ordinances of said city. J ^ 

Each night watch or city policeman shall receive four^ 
hundred and eighty dollars per annum, and such fees as are I $40 

or may be allowed under the laws of Illinois, or ordinances 'per month, 
of said city. J 

'The city superintendent of streets shall receive in full compensation for 
his services the fees allowed him in section 15, of ordinance No. 7, and 
such other fees as are or may be allowed under the ordinances of said 
city. 

All salaries shall be paid in equal monthly payments, at the rate per 
annum aforesaid, for the period only such officers shall hold their respec- 
tive offices. This section shall not apply to any officer of said city now 
in office, until after the expiration of his present term of office; (6) and 
the city shall not be liable for any of the fees aforesaid, unless the same are 
expressly made payble out of the city treasury. 

Sec. 11. In case the mayor, or any other municipal officer, shall at any 
time be guilty of a palpable omission of duty, or shall willfully and cor- 



(1) See ante p. 68, g 70. 

(2) See ante p. 76, g 87. (3) See ante p. 81, note 1 ; Const. 1870, art. 9, § 11. 

(4) See ante p. 76, § 85. (5) See ante p. 76, g 86. 

(6) Salary, fees or compensation cannot be increased or diminished during term of office. See 
ante p. 76, § 86. 

15 



226 CITIES AND VILLAGES. [ DIY. II. 



ruptly be guilty of oppression, malconduct or misfeasance in the discharge 
of the duties of his office, he shall be liable to indictment in any court of 
competent jurisdiction, and, on conviction, shall be fined in a sum not 
exceeding one thousand dollars ; and the court in which such conviction 
shall be had, shall enter an order removing such officer from office. (1) 

Sec. 12. The city council of said city shall consist of the mayor and 
aldermen. (2) 

Sec. 13. The aldermen shall hold their term of office for two years, and 
until their successors are elected and qualified. (3) 

Sec. 14. If any vacancy shall occur in the office of alderman, by 
death, resignation, removal or otherwise, such vacancy shall be filled by 
election. (4) 

Sec. 15. No person shall be eligible to the office of alderman unless he 
shall be a qualified elector, and reside within the ward for which he is 
elected, nor shall he be eligible if he is in arrears in the payment of any 
tax or other liability due said city ; nor shall he be directly or indirectly 
interested in any contract whatever, to which said city is a party; nor 
shall he be eligible if he shall have been convicted of malfeasance, bribery 
or other corrupt practice or crimes ; nor shall he be eligible to any office, 
the salary of which is payable out of the city treasury, if at the "time of 
his appointment he shall be a member of the city council ; nor shall any 
member of the city council at the same time hold any other office under 
the city government: nor shall he be either directly or indirectly, indi- 
vidually or as member of a firm, engaged in any business transaction, 
other than official, with such city, through its mayor or any of its author- 
ized boards, agents or attorneys, whereby any money is to be paid, directly 
or indirectly, out of the city treasury, to such member or firms. (5) 

Sec. 16. The city council shall be judge of the election and qualifica- 
tion of its own members. (6) 

Sec. 17. The city council shall determine its own rules of proceedings, 
punish its members for disorderly conduct, and with the concurrence of 
two-thirds of the aldermen, may expel a member, but not a second time 
for the same offense ; provided that any alderman or councilman who 
shall have been convicted of bribery shall thereby be deemed to have 
vacated his office. (7) 

Sec. 18. A majority of aldermen elect shall constitute a quorum to do 
business, (8) but a smaller number may adjourn from time to time and 
compel absentees to attend any regular or special meeting by a written 
citation to that effect, stating the day and hour of such meeting. Such 
citation to be signed by the mayor or aldermen issuing the same, and may 
be served by the city marshal, br any officer authorized to serve pr< cesses 
in said city, by reading the same to such absentee. Any alderman will- 
fully refusing to obey such citation, shall forfeit ten dollars, to be deducted 
out of his salary, and upon the repeated refusal to obey such citation, such 
alderman may be expelled and his office declared vacant. 

Sec. 19. The city council shall, within the first quarter of each fiscal 
year, pass an ordinance, to be termed the annual appropriation bill, in 
which such corporate authorities may appropriate such sum or sums of 
money as may be deemed necessary to defray all necessary expenses and 



(1) See ante p. 27, § 27. (2) See ante p. 28, § 29. 

(3) See ante p. 28, § 31. (4) See ante p. 28, § 32. 

(5) See ante p. 28, § 33. (6) See ante p. 29, § 34. 

7) See ante p. 29, § 35. (8) See ante p. 29, \ 36. 



DIY. II.] FORMS OF ORDINANCES — CITY OFFICERS. 227 

liabilities of such corporation ; and in such ordinance shall specify the 
objects and purposes for which such appropriations are made, and the 
amount appropriated for each object or purpose. No further appropria- 
tions shall be made at any other time within such fiscal year, unless the 
proposition to make each appropriation has been first sanctioned by a 
majority of the legal voters of such city or village, either by a petition 
signed by them, or at a general or special election duly called therefor. (1) 

Sec. 20. Neither the city council, nor any department or officer of the 
corporation, shall add to the corporation expenditures in any one year, 
anything over and above the amount provided for in the annual ap- 
propriation bill of that year, except as is herein otherwise specially pro- 
vided; and no expenditure for an improvement to be paid for out of tho 
general fund of the corporation shall exceed, in any one year, the amount 
provided for such improvement in the annual appropriation bill: Pro- 
vided, however, that nothing herein contained shall prevent the city coun- 
cil from ordering, by a two-thirds vote, any improvement, the necessity 
of which is caused by any casualty or accident happening after such an- 
nual appropriation is made. The city council may, by a like vote, order 
the mayor or finance committee to borrow a sufficient amount to provide 
for the expense necessary to be incurred in making any improvements, 
the necessity of which has arisen as is last above mentioned, for a space 
of time not exceeding the close of the next fiscal year; which sum, and 
the interest, shall be added to the amount authorized to be raised in the 
next general tax levy, and embraced therein. Should any judgment be 
obtained against the corporation, the mayor, or finance committee, under 
the sanction of the city council may borrow a sufficient amount to pay the 
same, for a space of time not exceeding the close of the next fiscal year; 
which sum and interest shall, in like manner, be added to the amount 
authorized to be raised in the general tax levy of the next year, and em- 
braced therein. (2) 

Sec, 21. No contract shall be hereafter made by the city council, or an, r 
committee or member thereof; and no expense shall be incurred by any 
of the officers or departments of the corporation, whether the object of the 
expenditure shall have been ordered by the city council or not, unless an 
appropriation shall have been previously made concerning such expense, 
except as expressly provided by the statutes of Illinois. (3) 

Sec. 22. The yeas and nays shall be taken upon the passage of all ordi- 
nances, and on all propositions to create or appropriate and of its money, 
and in all other cases at the request of any member, which shall be entered 
on the journal of its proceedings ; and the concurrence of a majority of all 
the members elected in the council, shall be necessary to the passage of 
any such ordinance or proposition ; provided, it shall require two-thirds 
of all the aldermen elect, to sell any city or school property. (4) 

Sec. 23. No vote of the city council shall be reconsidered or rescinded 
at a special meeting, unless there be present as large a number of aldermen 
as were present when such vote was taken. (5) 

Sec. 24. All ordinances passed by the city council shall, before they 
take effect, be deposited in the office of the city clerk; and if the mayor 
approves thereof, he shall sign the same, and such as he shall not approve 
he shall return to the council, with his objections thereto, in writing, at 
the next regular meeting of the council occurring not less than five days 

(1) gee ante p. 77, § 89. (2) See ante p. 78, § 90. 

(3) See ante p. 79, § 91. (4) See ante p. 30, § 41. 

(5) See ante p. 30, \ 42. 



228 CITIES AND VILLAGES. [DIV. II. 

after the passage thersof. Such veto may extend to any one or more 
items or appropriations contained in any ordinance making an appropria- 
tion, or to the entire ordinance; and in case the veto only extends to a 
part of such ordinance, the residue thereof shall take effect and be in force. 
But in case the mayor shall fail to return any ordinance, with his objec- 
tions thereto, by the time aforesaid, he shall be deemed to have approved 
such ordinance, and the same shall take effect accordingly. (1) 

Sec. 25. Upon the return of any ordinance by the mayor, the vote by 
which the same was passed shall be reconsidered by the council ; and if, 
after such reconsideration, two-thirds of all the members elected to the 
city council shall agree, by yeas and nays, to pass the same, it shall go into 
effect, notwithstanding the mayor may refuse to approve thereof. The 
vote to pass the same over the Mayor's veto shall be taken by yeas and 
nays, and entered on the journal. (2) 

Sec. 26. The city council of said city shall style all ordinances thereof 
as follows: " Be it ordained by the city council of -"(3) 

Sec. 27. The city council shall cause all ordinances of said city, which 
imposes any fiiie, penalty, imprisonment or forfeiture, or makes any ap- 
propriation to be published within one month after they are passed ; and 
no such ordinance shall take effect until ten days after its publication. 
But all other ordinances, orders and resolutions shall take effect from and 
after their passage, unless otherwise provided therein. (4) 

Sec. 28. All ordinances making appropriations, as well as all other or- 
dinances imposing no fine, penalty, imprisonment, or forfeiture, may be 
entitled of the subject or subjects embraced in the same and section — , of 
ordinance No. — , so far as provides for the numbering of all ordinances, 
shall not be construed to embrace any such ordinances. 

Sec. 29. The city council shall cause all ordinances requiring publica- 
tion, under section 27, to be published at least once in some newspaper, 
published in said city, or otherwise, in book or pamphlet form. (5) 

Sec. 30. All ordinances, and the date of publication thereof, may be 
proven by the certificate of the clerk, under the seal of the corporation. 
And when printed in book or pamphlet form, and purporting to be pub- 
lished by authority of the city council, the same need not be otherwise 
published; and such book or pamphlet shall be received as evidence of the 
passage and legal publication of such ordinances, as of the dates men- 
tioned in such book or pamphlet, in all courts and places, without further 
proof. (6) 

Sec. 31. The city council shall hold a regular monthly meeting on the 
first Tuesday of each month, in a public room in said city, to be known as 
the council room. (7) Such regular meeting shall not be holden at any 
other time or place without a public notice to that effect made pursuant to 
a special resolution of said council. All special meetings shall be holden 
at such council room, unless some other place is agreed upon in said city. 
But the city council shall hold no meeting at any other place than the 
regular council room, without causing public out-cry to be made that the 
city council is in session at such place. The city council shall sit at all 

(1) See ante p. 31, § 46 ; p. 135, § 247. (2) Laws 1875, p. 41 ; ante p. 31, 1 47. 

(3) See ante p. 65, § 63. (4) See ante p. 65, g 64. 

(5) See ante, p 65, § 64. (6) See ante p. 65, § 65 ; Rev. Stat., p. 490, § 14. 

Ordinances published in book or pamphlet form, purporting to be published by authority of 
the board of trustees or city council, no other fact need be shown, nor need the fact of their pass- 
age to be proved to admit them in evidence. Byars v. City of Mt. Vernon, 11 111., R. 467; See ante 
p. 65, 1 65. 

(7) See ante p. 30, § 39. 



DIV. H.] FORMS OF ORDINANCES — CITY OFFICERS. 229 

times with open doors, and shall keep a journal of its proceedings, and 
may elect a temporary chairman in the absence of the mayor. (1) The 
mayor, or any three aldermen, may call special meetings of the city coun- 
cil. (2) 

Sec. 32. The city council shall exercise the power and jurisdiction con- 
ferred on them by the statutes of Illinois, within the corporate limits of 
said city ; and also one-half mile beyond the limits of said city, for the 
purpose of enforcing health and quarantine regulations andordinances(3). 
But the city shall not be held liable for any damage accruing to any per- 
son under any void ordinance. (4) 

THE MAYOR. 

Sec. 33. The mayor shall be a citizen of the United States, a qualified 
elector, reside within the city limits, and hold his office for two years, and 
until his successor is elected and qualified. (5) 

Sec. 34. Whenever a vacancy shall happen in the office of the mayor, 
when the unexpired term shall be one year or over from the date when 
tbe vacancy occurs, it shall be filled by an election. (6) If the vacancy is 
less than one year, the city council shall elect one of its number to act as 
mayor, who shall possess all the rights and powers of the mayor, until 
the next annual election, and until his successor is elected and qualified. (7) 
If the mayor, at any time during the term of his office, shall remove 
from the limits of the city, his office shall thereby become vacant. (8) 

Sec. 35. During a temporary absence or disability of the mayor, the 
city council shall elect one of its number to act as mayor pro tem,(9) who 
during such absence or disability shall possess the powers of mayor. • 

Sec. 36. The mayor shall preside at all meetings of the city council, 
but shall not vote except in case of a tie, when he shall give the casting 
vote. (10) 

Sec. 37. The mayor shall have power to remove any officer appointed 
by him, on any former charge, whenever he shall be of the opinion that 
the interests of the city demand such removal ; but he shall report the 
reasons for such removal to the council at its next regular meeting. (11) 

Sec. 38. He may exercise, within the city limits, the powers conferred 
upon sheriffs, to suppress disorder and keep the peace. (12) 

Sec. 39. He may release any person imprisoned for violation of any 
city ordinance, and shall report such release, with the cause thereof, to 
the council at its first session thereafter. (13) 

Sec. 40. He shall perform all such duties as are or may be prescribed 
by law or by the city ordinances, and shall take care that the laws and 
ordinances are faithfully executed. (14) 

Sec. 41. He shall have power at all times to examine and inspect the 
books, records and papers of any agent, employee or officer of the city. (15) 

(1) See ante p. 30, g 38. 

(2) See ante p. 31, § 45. (3) See ante p. 31, \ 44. 
(4) See ante p. 58, note 1. (5) See ante p. 25, § 14. 
(6) See ante p. 25, § 15. (7) See ante p. 26, § 16. 
(8) See ante p. 26, § 18. (9) See ante p. 26, § 17. 
(10) See ante p. 26, g 19. (11) See ante p. 26, § 20. 
(12) See ante p. 26, £ 21. (13) See ante p. 26, § 22. 
(14) See ante p. 27, § 23, (15) See ante p. 27, § 24. 



230 CITIES AND VILLAGES. [DIY. II. 

Sec. 42. The mayor shall, annually, and from time to time, give the 
council information relative to the affairs of the city, and shall recommend 
for their consideration such measures as he may deem expedient. (1) 

Sec. 43. He shall have power, when necessary, to call on every male 
inhabitant of the city, over the age of eighteen years, to aid in enforcing 
the laws and ordinances, and to call out the militia to aid in suppressing 
riots and other disorderly conduct, or carrying into effect any lav/ or ordi- 
nance, subject to the authority of the governor, as commander-in-chief of 
the militia. (2) 

CITY CLERK. 

Sec 44. That the clerk shall attend at every meeting of the city coun- 
cil, and shall keep a correct record of all proceedings of the city council, (3) 
and safely keep the corporate seal, and use it in all cases where necessary, 
whenever applied to for that purpose; he shall notify all committees ap- 
pointed by said council of their appointment, and of the business referred 
to them ; he shall notify all judges of elections of their appointment ; he 
shall prepare orders for special elections ; he shall prepare bonds or scrips 
for loans, and perform all other duties which, by usage and custom, devolve 
upon clerks and secretaries of incorporated bodies; and to facilitate the 
discharge of his duties, he may and is hereby authorized to procure for 
said city such blank forms as may be necessary for the above purpose. 

Sec. 45. That the said clerk shall keep all the records, papers, ordi- 
nances, votes, and proceedings of the city council, and of the city of 

during the recess of the city council, and all returns of assessments and of 
elections of city officers, and shall record in a book all ordinances of said 
citj-, and all appointments of officers for the city,- and have all of the ordi- 
nances published immediately after their passage, and shall not suffer any 
records or paper, or other instrument of writing, to be taken out of his 
office by any other person than himself, the mayor, the city attorney, or a 
committee appointed by the city council to examine accounts, under the 
penalty of five dollars, and a further forfeiture of the amount of all dam- 
ages that may accrue by the loss or obliteration of any records or papers of 
the city ; and should any be lost or obliterated, and should the mayor, city 
attorney or any committee of examination as aforesaid, suffer any paper 
or record or paper entrusted to him or them, he or they shall be responsi- 
ble for the damage that may accrue by reason of such loss or obliteration. 

Sec. 46. Thatthe said clerk shall keep a regular account of debtor and 
creditor between the city and the city treasurer, by charging him with all 
sums received by him as exhibited in his duplicate receipts, and credit him 
with all city orders paid and returned to him, and also keep a regular 
account of debtor and creditor when appropriations are made and expen- 
ditures ordered ; and shall state in all orders drawn on the city treasurer, 
for whom, and when the same is payable; and also to what fund or ap- 
propriation the same is chargable. (4) 

Sec. 47. That the said clerk shall index all ordinances by their number 
or title, and attend to the proper and lawful publication of same, and shall 
keep a list of all committees appointed by said council and of the business 
respectively, from time to time referred to them, and note when the com- 
mittees report, the date and nature of their report. That the said clerk 
shall attest all deeds, contracts and leases made by the council, and, in 



(1) See ante p. 27, § 25. (2; See ante p. 27, § 26. 

(3) See ante p. 74, g 81. (4) See ante p. 80, 1 9a 



DIY. II.] FORMS OF ORDINANCES — CITY OFFICERS. 231 



conjunction with the mayor, sign all ordinances, bonds, licenses and 
orders on the city treasurer and affix the seal of the city thereto, and per- 
form such other duties as may be required by the council. 

Sec. 48. The city clerk shall exercise a general supervision over all the 
officers of the corporation charged in any manner with the receipt, collec- 
tion or disbursement of corporation revenues, and, the collection and return 
of all such revenues into the treasury. He shall have the charge, custody 
and control of all deeds, leases, warrants, vouchers, books and papers of 
any kind, the custody and control of which is not herein given to any 
other officers ; and he shall, on or before the fifteenth day of May, in each 
year, and before the annual appropriation to be made by the city council, 
submit to the city council a report of his estimates, as nearly as may be, of 
moneys necessary to defray the expenses of the corporation during the 
current fiscal year. He shall, in said report, class the different objects 
and branches of expenditures, giving, as nearly as may be, the amount 
required for each ; and for the purpose of making such report, he is au- 
thorized to require of all officers their statement of the condition and ex- 
penses of their respective offices or departments, with any proposed 
improvements and the probable expense thereof, all contracts made and 
unfinished, and the amount of any and all unexpended appropriations of 
the preceding year. He shall, in such report, show the aggregate income 
of the preceding fiscal year, from all sources, the amount of liabilities out- 
standing upon which interest is to be paid, the bonds and debts payable 
during the year, when due and when payable ; and in such report he shall 
give such other information to the council as he may deem necessary, to 
the end that the city council may fully understand the money exigencies 
and demands upon the corporation for the currentyear.fi) 

Sec. 49. The city clerk shall procure a large scrap book, in which he 
shall paste all ordinances passed by the city council, and when such ordi- 
nance has been printed in a newspaper, shall attach the certificate of the 
publisher thereto. (2) At the end of each ordinance the clerk shall state 
concerning the same when passed; when approved, and when published. 
(3) Said scrap-book shall be and is hereby declared to be the city record 
of ordinances. 

CITY TREASURER. 

Sec. 50. The city treasurer shall receive all moneys belonging to said 
city, and shall keep his books and accounts in such a manner as to exhibit 
at all times the true financial condition of the corporation, and such books 
and accounts shall always be subject to the inspection of any member of 
the city council. (4) 

Sec. 51. The city treasurer shall keep a separate account of each 
fund or appropriation, and the debits and credits belonging thereto, and 
shall particularly exhibit the following accounts : (5) Street labor account ; 
salary account; sidewalk account ; street and alley account ; fine and for- 
feiture account ; dog tax account ; bonded and special debts account ; 
license account ; lamps and light account ; printing, rent and fuel ac- 
count ; and miscellaneous accounts. 

Sec. 52. The city treasurer shall give every person paying money into 
the treasury duplicate receipts therefor. (6) One to be filed with the city 

(1) ante p. 82, g 104. 

(2) The ordinances of a town printed and pasted in their record boolc of proceedings of the 
board of trustees, are admissible in evidence; that being a sufficient recording under the statute. 
Bwbanksv. The President and Trustees of Town of Ashley ; 30 111., R. 177. 

(3) See ante p. 74, § 82. (4) See ante p. 79, § 92. 
(5) See ante p. 79, § 93. (6) See ante p. 79, § 94. 



232 CITIES AND TILLAGES. [DIY. II. 



clerk by such person ; but in the event of the failure of such person to file 
such duplicate receipt with the clerk, it shall be the duty of the city treas- 
urer to file a copy of such receipts with the clerk at the time of rendering 
his monthly report. 

Sec. 53. The city treasurer shall, at each regular monthly meeting of 
the city council, render an account, under oath, showing the state of the 
treasury at the date of such account and the balance of money in the 
treasury and unexpended belonging to the several appropriations. He 
shall also accompany such accounts with a statement of all moneys re- 
ceived into the treasury, and on what account, together with all warrants 
redeemed and paid by him ; which said warrants, with any and all vouch- 
ers held by him, shall be delivered to the clerk, and riled with his said 
account in the clerk's office, upon the day of such settlement. He shall 
return all warrants paid by him stamped or marked u paid." He shall 
keep a register of ail warrants redeemed and paid, which shall describe 
such warrants, and show the date, amount, number, the fund from which 
paid, the name of the person to whom and when paid.(l) 

Sec. 54. The city treasurer is hereby directed to keep all moneys be- 
longing to said city, and that now is or may come into his hands, separate 
and distinct from his own moneys; and he is hereby prohibited from using 
either directly or indirectly, the corporation money or warrants in his 
custody and keeping, for his own use and benefit, or that of any other 
person or persons whomsoever ; and any violation of this provision shall 
subject him to immediate removal from office by said city council ; and in 
which case his successor shall be appointed, who shall hold his office for 
the remainder of the term unexpired of such officer so removed. (2) 

Sec. 55. The fiscal year of said city shall be construed to begin on the 
first day of April of one calendar year, and end the first day of April the 
succeeding calendar year ; and all the appropriations deemed necessary to 
defray the expenses and liabilities of said city, shall be construed to meet 
the expenses and liabilities of said city during the fiscal year as herein de- 
fined.^) 

Sec. 56. The city treasurer shall annually, between the first and tenth 
of April, make out and file with the city clerk, a full and detailed account of 
all the receipts and expenditures of said city, and of all his transactions as 
such treasurer during the preceding fiscal year, which statement shall 
exhibit, under separate and appropriate headings, the several accounts 
required to be kept in section 51 of this ordinance. It shall be the duty of 
the city clerk to submit his counter financial report, together with the 
annual report of the treasurer aforesaid to the financial committee of the 
city council; and if said committee shall be satisfied that said treasurer's 
report properly exhibits the true financial condition of said city, they shall 
return the same to the city clerk, who shall cause such report of the treas- 
urer to be published in some newspaper printed in said city ; Provided, if 
the cost of such publication shall exceed ten dollars, that the city clerk 
shall in lieu of such publication, post up the same in some public place in 
his office. (4) 

Sec. 57. In the adjustment of the accounts of the treasurer with the 
clerk, there shall be an appeal to the finance committee of the council, 
whose decision in all matters of controversy arising between said officers 
shall be binding, unless the city council shall otherwise direct and pro- 
viders) 

(1) See ante p. 79, § 95. (2) See ante p. 80, § 96. 

(3) See ante p. 77, § 88. (4) See ante p. 80, § 97. 

(5) See ante p. 83, § 108. 



DIV. II.] FORMS OF ORDINANCES — CITY OFFICERS. 233 



Sec. 58. All warrants drawn upon the treasurer must be signed by the 
mayor, and countersigned by the clerk, stating the particular fund or 
appropriation to which the same is chargable, and the person to whom 
payable ; and no money shall be otherwise paid than upon such warrants 
so drawn, except as otherwise expressly provided. 

Sec. 59. All moneys received on any special tax or assessment shall be 
held by the treasurer as a special fund, to be applied to the payment of the 
improvement or indebtedness for which such assessment or tax was made, 
and said money shall be used for no other purpose whatever, unless to 
reimburse such corporation for money expended for such improvement, or 
in the liquidation of such indebtedness, (lj 

CITY ATTORNEY. 

Sec. 60. The city attorney shall be a licensed attorney in the courts of 
the state, and shall prosecute or defend in behalf of the city, (when the 
services of any attorney are necessary), in all cases in which the interest 
of the city or the official acts of any officer or agent of the city are involved. 
He shall, when required, advise the city council, or any of its committees, 
or any city officers, in relation to all matters of law arising in which the 
interests of the city are in question. He shall examine all assessments and 
tax lists, or other papers, in relation to the assessment or collection of taxes 
or assessments, and approve the same, or draft any ordinance, bond, con- 
tract, or instrument of writing, on behalf of the city, or examine and 
approve the same, when required by the city council or any of its commit- 
tees or the mayor. 

Sec. 61. The city attorney, when his services are necessary, shall prose- 
cute any suit brought in the name of the city, before any police or other 
magistrate, for the recovery of any penalty or otherwise. He shall cause 
executions to issue upon all judgments recovered in favor of the city, and 
cause the city marshal to attend to their prompt collection. He shall 
report to the city council or the mayor all cases in which he shall deem it 
expedient to take an appeal or writ of error on behalf of the city, and the 
mayor shall enter into such bonds or other obligation on the part of the 
city under the corporate seal, and with such sureties as may be necessary 
to perfect such appeal, and such sureties shall be indemnified by the city 
from all loss or damage. He shall attend all regular meetings of the city 
council; and, on request, all sijecial meetings of the same. The city clerk 
shall deliver to him any bond or other paper necessary to be used in any 
suit or other proceedings, taking his receipt for the same. 

Sec. 62. He shall report to the city council without delay after the 
adjournment of each term of any court of record, and at such other times 
as he may be required, the state or disposition of all cases of the city pend- 
ing in such court. He shall examine all fee- bills of officers of courts and 
others, and certify to the correctness of the same, and the liabilities of the 
city therefor. But no fee-bills for cost for the prosecution of any citizen 

of the city for any criminal offense in the circuit court of county, or 

for jail fees, shall be certified to or paid unless the offender shall have been 
duly convicted, and such costs cannot be collected from him. 

Sec. 63. The city attorney may, in case of temporary absence, or other- 
wise being unable to attend to the duties of his office, with the consent of 
the mayor, and at his own expense appoint some competent attorney to 
act in his place. The city council may authorize the retaining of assistant 
counsel when deemed expedient. 



(1) See ante p. 81, g 99. 



234 CITIES AND VILLAGES. [DIY. II. 

Sec. 64. The city attorney shall not be compelled to bring or prosecute 
any suit, in any case, when he and the court may be satisfied that the 
complaint is instituted maliciously or vexatiously, and without any proba- 
ble cause, and that the interest of the public or of the city, will not be 
subserved thereby, and if any person charged with any offense, shall, 
upon his trial therefor, be acquitted, and it shall satisfactariry appear to 
the court that the complaint or prosecution was instituted maliciously or 
vexatiously, and without probable cause, judgment may be rendered 
against the complainant or prosecutor for the costs arising in the case, and 
executions issued for the collection of the same. 

POLICE MAGISTRATE. (1) 

Sec. 65. There shall be elected on the third Tuesday of April, A. D. 
18 — , and quadrennially thereafter, a police magistrate for said city, who 
shall give bonds, qualify and have the same jurisdiction as other justices 
of the peace, (2) 

Sec. Q6. In case of a vacancy in the office of police magistrate, the un- 
expired term may be filled by the city council ordering a special election 
for that purpose immediately. 

Sec. 67. The police magistrate, or any justice of the peace, before 
whom actions are tried for the violation of any city ordinance, shall re- 
cover the same costs as are affixed by Statute of Illinois for justices of the 
peace in similar cases : Provided, that judgment for costs shall not in any 
case be rendered against the city, but in cases where the defendant may 
be acquitted, or where the costs cannot be collected from the defendant 
when convicted, the magistrate or justice shall present to some regular 
meeting of the council a transcript from the docket, showing the costs 
accrued to him in said cause, which bill the city may pay or refuse to pay , 
in its discretion. 

CITY MARSHAL. 

Sec. 68. The mayor shall annually appoint a city marshal, (3) by and 
with the consent of a majority vote of all the aldermen authorized by law 
to be elected. (4) Said city marshal shall hold his office, unless sooner 
discharged, until the end of the municipal year for which he is ap- 
pointed. (5) 

Sec. 69. The citj^ marshal shall be a conservator of the peace within 
the corporate limits of the city ; shall execute all processes issued by the 
police magistrate, or any justice of the peace in said city, in any suit, case 
or action, commenced for the recovery of any fine, penalty or forfeiture 
for the violation of any of the ordinances of the city. And the city mar- 
shal shall arrest on view, without any process, any person whom he may 
find disturbing the peace by being drunk, either upon the street, or in any 
public house, park or other public grounds within the corporate limits or 
the city ; or any person whom he shall find in any way disturbing the 
peace, quiet and good order of the city, by fighting, threatening to fight, 
or by using loud, boisterous noises, or using obscene language, or by pro- 
fane swearing, or by quarreling, or by doing any other act tending to cre- 

(1) See ante p. 115, § 192. (2) See ante p. 125 

(3) See ante p. 70, g 73. (4) See ante p. 134. 

(5) Where a charter of a city expressly provides that any person appointed to fill an office may 
be removed without assigning cause therefor ; and this law being a public act, a party accepting 
office must know that his term of office could be terminated at any time. If discharged he could 
only recover pay for the time he worked. The City of Chicago v. £d wards. 58 111. R., 252. 



DIV. II.] FORMS OF ORDINANCES — CITY OFFICERS. 235 



ate a disturbance of the peace within the city ; and shall convey such 
person, so arrested, immediately before the police magistrate, or some 
justice of the peace of the city, and set forth before such police magistrate, 
or justice of the peace, the offense with which the person or persons so 
arrested is charged; and the police magistrate, or justice of the peace, 
shall enter the said charge or complaint upon his docket, together with the 
name of the person or persons charged, at the suit of and in the corporate 
name of the city, and shall proceed to hear and determine said case in a 
peremptory manner ; provided, that in case any person or persons shall be 
arrested under the provision of this section, who are too much intoxicated 
to proceed to trial, or in case it shall be too late in the day, or if from any 
cause it shall be impracticable to proceed with the trial of such case imme- 
diately, it shall be lawful for the marshal to confine such person or persons 
in the city prison, or county jail, until such drunken person or persons 
shall become sober, or until it shall become practicable for such case to be 
tried; provided, that either party may have such case tried by a jury of 
six men upon advancing the jury fees allowed by law.(l) 

Sec. 70. It shall be the duty of the city marshal to attend, as far as 
practicable, all meetings of the city council, to prepare the room in which 
the council meeting shall be held, and see that it is properly lighted, 
warmed and made comfortable for the use of the city council at ail its 
meetings, and to serve all notifications in writing, when ordered by the 
city council, and to perform all such other duties as shall be prescribed by 
ordinance, or by any resolution or order adopted by the city council. 

Sec. 71. The city marshal shall keep all sidewalks in the city clear and 
free from all obstruction, and shall remove, or cause to be removed, or 
abated, all nuisances from within the corporate limits of the city ; he shall, 
with his deputies, be at his post of duty at all reasonable hours, and for 
the purpose of executing the duties of his office he shall possess the power 
and authority of a constable at common law, and under the statute of Illi- 
nois. (2) 

Sec. 72. This ordinance shall be known as ordinance No. — . 

Passed , 18—. 

Approved , 18 — 

Published , 18— 

r — ' — » ) A. B., Mayor. 

] e. s. > Attest : 

^v—' > C. D., City Clerk. 

(1) A proceeding to collect a penalty for the violation of a town ordinance is a civil suit. Iloyer 
et al. v. The Town of Macoutah, 59 111. R., 137. 

(2) Where a writ is directed only to a constable, under it a city marshal has no authority to act, 
and all his acts are void. Hickcy v. Forristal et al.. 49 111. R., 256. 



236 CITIES AKD VILLAGES. [DIY. II. 



Form of ordinance concerning 

ORDINANCE NO. — . 

An Ordinance concerning dogs. 

Section 1. Be it ordained by the city council of , That 

an annual tax(l) of one dollar on each dog, and two dollars on each bitch, 
within the corporate limits of said city, is hereby declared payable .for 
each municipal year, on the first day of July, of each calendar year by the 
owner or keeper of such dog or bitch, to said city. 

Any owner or keeper of such dog or bitch, who shall fail to pay said tax, 
or kill or permanently remove from the corporate limits of said city, such 
dog or bitch, on or before the time fixed for the payment of such tax, or 
who shall thereafter refuse to surrender to the city marshal on demand 
such dog or bitch for the purpose of being destroyed, shall be subject to a 
fine of five dollars. But said penalty may be avoided before trial by the 
payment of said tax and costs to date of payment. 

Sec. 2. It shall be the duty of the city superintendent of streets, to 
annually, during the month of May, to prepare a complete list of ail the 
dogs and bitches, and the owners and keepers thereof, within the corporate 
limits of said city. He shall submit said list for approval, additions and 
corrections to the city council, at the regular meeting of the city council 
in June. The city clerk shall furnish a true copy of said list to the city 
treasurer, and also to the city marshal, at least fifteen days before the 1st 
day of July of each year. 

Sec. 3. The city marshal shall proceed as soon as said list is placed in 
his hands, to immediately demand and collect the dog tax indicated on 
said list as far as possible before the first of July of each year, and deliver 
in lieu of a receipt therefor, a metallic plate, having the letters C. T. P., 
and the calendar year in figures, which characters shall signify that the 
city tax is paid for the municipal year, beginning in the calendar year 
indicated. 

The owner or keeper of any aog or bitch, upon which the dog tax has 
been paid as aforesaid, shall affix, in a permanent manner, to his or her 
dog or bitch, the metallic plate aforesaid, so that the same can readily be 
seen by the officers of said city. All dogs and bitches (not personally 
known to the city marshal as having the dog tax paid thereon), found 
running at large upon the streets and public grounds of said city, without 
the metallic plate affixed as aforesaid, are hereby declared a public nuis- 
ance, (2) which may be summarily abated and destroyed, according to the 
provisions of this ordinance. 

Sec. 4. The city treasurer shall purchase a supply of the metallic plates 
aforesaid, in such "numbers as the city council shall direct; and shall, from 
time to time, furnish the same to the city marshal, taking a receipt there- 
for; and the city marshal shall account for the manner of disposing of the 
same whenever required by the city treasurer. 

Sec. 5. No dog or bitch shall be suffered to run at large within the cor- 
porate limits of said city, unless securely muzzled, when clanger of hydro- 
phobia shall be declared to exist, by the proclamation of the mayor of said 
city ; and any owner or keeper of such dog or bitch who shall willfully 
violate the provisions of this section, shall be subject to a fine of five 
dollars. 



(1) See ante p. Gl, clause 80. (2) See ante p. 58, clause 75. 



DIV. II.] FORMS OE ORDINANCES — OBSTRUCTIONS. 237 

Sec. 6. No bitch, while in heat, shall be suffered to run at large within 
the corporate limits of said city ; and any owner or keeper thereof will- 
fully violating the provisions of this section, shall be subject to a penalty 
of three dollars. 

Sec. 7. The city marshal shall cause, under his personal supervision, 
all dogs and bitches, living or kept, and found running at large, within 
the corporate limits of said city, upon which no tax has been paid by the 
owner or keeper thereof, according to the provisions of this ordinance, to 
be killed or summarily disposed of.(l) The provisions of this section shall 
apply to the dogs and bitches of non-residents, who have a permanent 
place of business in said city ; but not to the dogs or bitches of such non- 
resident, if they have no such place of business. 

Sec. 8. The following fees shall be allowed for services rendered, under 
the provisions of this ordinance, out of the city treasury : 

To city superintendent of streets, ten per cent of the dog-tax collected. 

To city clerk, five per cent, of dog-tax collected. 

To city marshal, ten per cent, of dog tax collected; also, 50 cents for each 
dog or bitch killed and buried under the supervision of said city marshal 
who shall verify his claim against said city, for such last named fee by an 
affidavit, stating the time when such dog or bitch was killer 1 and the place 
where the same was buried. 

Sec. 9. The city treasurer and city marshal shall promptly credit each 
person on their respective lists, who shall have paid their dog tax afore- 
said; and the city council shall cause said lists to be often examined by 
the financial committee of said council, and shall make such orders upon 
the report of said committee respecting said lists, as they may deem 
advisable for the public good. 

Sec. 10. This ordinance shall be known as ordinance No. — 

Passed , IS—. 

Approved , IS — . 

Published -, IS—. 

A. B., Mayor. 



L. s. I Attest 



C. D., City Clerl 



(1) Dogs, according to common law, were of no such intrinsic value as that the crime of steal- 
ing them amounted to larceny. A man may have a base property therein, and maintain a civil 
action for the loss of them. 4 Bl. Com., p. 236. The law in this state, however, recognizes a right 
of property in ados, and if it is destroyed without legal justification, the law implies damage, 
and a plaintiff is entitled to at least nominal damages, and it does in every case of illegal inva- 
sion of the right of property of another. Brent v. Kimball, 60 111., R. 212; Spray v. Ammerman, 66 
111., R. 309. 



238 CITIES AND TILLAGES, [DIY. II. 



Form of ordinance concerning obstructions on streets and sidewalks, 
ORDINANCE NO. — . 

An Ordinance concerning obstructions upon streets and sidewalks. 

Section 1. Be it ordained by the city council of , That 

it shall be unlawful for any railroad company, or conductor, engineer, 
agent, or other employee of such railroad company, or other person man- 
aging or controling any locomotive engine, car or train upon any railroad 
track, to drive, run or propel the same within the limits of said city, at a 
greater speed than four miles per hour ;(1) nor in any manner to obstruct 
the travel or passage along any sidewalk, street or alley of said city by 
placing or leaving upon, along or across such sidewalk, street or alley, any 
truck, locomotive, car or train of cars or any material orthing whatsoever for 
a longer period than five minutes at any one time, and immediately there- 
after for the full period of ten minutes, such sidewalk, street or alley, shall 
not be again obstructed in the manner aforesaid, under penalty of not less? 
than five dollars, or more than twenty-five dollars, for each and every 
offense prohibited by this section. (2) 

Sec. 2. That any railroad company which may now or hereafter oper- 
ate any railroad within or through the limits of said city, shall construct 
and maintain safe, commodious and convenient crossings (3) across the 
track of such railroad, where the same intersects any street, alley, lane or 
avenue of said city, the full width of such street, alley, lane or avenue ; 
and shall also make and maintain sufficient and proper conduits and gut- 
ters to carry off all water, under or along, such railroad track. (4) 

The city superintendent of streets shall, from time to time, notify in 
writing, the station agent of any railroad company aforesaid, within what 
time and in what manner the city will require the construction or repair 
of the crossings, conduits and gutters aforesaid ; and upon failure of such 
railroad company to construct or repair such crossings, gutters and con- 
duits aforesaid, pursuant to the notice aforesaid, such railroad company 
shall forfeit to said city one hundred dollars ; and upon the persistent re- 
fusal of such railroad company to comply with the notice aforesaid, for 
a period of thirty days after judgment for the first and each successive for 
feiture, the said railroad company shall forfeit to said city a like sum of 
one hundred dollars. 

Sec. 3. Any person having the management of any railroad locomo- 
tive, who shall run or drive the same within the corporate limits of said 
city, without having placed on the top of the chimney thereof a bonnet, 
or spark arrester, sufficient to prevent all accidents by fire from the sparks 
of such locomotive ; or who shall fail to constantly ring the bell of such 
locomotive, while the same is in motion ; or who shall start such locomo- 
tive without first sounding the whistle or ringing the bell of such locomo- 
tive; or who shall blow off steam or unnecessarily blow the whistle of 

(1) See ante p. 46, clause 21, Rev. Stat., p. 811, 1 G2 ; ante p. 46, note 3. 

(2) See ante p. 43, clause 10. 

A town ordinance which provides that no person shall put, or cause to be put, in any street, 
sidewalk, or other public place within the city limits any dust, dirt, filth, shavings, or other rub- 
bish or obstruction of anv kind, is broad enough to embrace the obstruction of a street by a rail- 
road comoanv with their cars. 111. Cent. i?. %. Co. v. The City of Galena, 40111., 111., R. 345 ; T., 
P. & W. It. B. Co. v. Chenoa, 43 111., R. 209. 

(3) See ante p. 48, clause 26. (4) See ante p. 49, clause 27. 



DIY. II.] FORMS OF OEDINANCES — SIDEWALKS. 239 



such locomotive when such locomotive is not in motion, at a place and in 
a manner calculated to frighten teams passing along the public streets and 
alleys of said city, shall be subject to a fine for each and every offense 
mentioned in this section, of not less than ten dollars or more than one 
hundred dollars. (1) 

Sec. 4. That any railroad company which may now or hereafter oper- 
ate any railroad within or through the corporate limits of said city, shall 
fence the track of said railroad and maintain and forever keep in good re- 
pair such fence; and also shall construct and maintain suitable cattle 
guards at the point where such railroad track crosses the several streets 
and alleys of said city, and that upon failure to do so, such railroad com- 
pany " shall be liable for all damages, the owner of any cattle or horses, 
or other domestic animals, may sustain by reason of injury thereto while on 
the track of such railroad, in like manner and extent, as under the general 
laws of this state relative to the fencing of railroads ; and actions to 
recover such damages may be instituted before any iustice of the peace, or 
other court of competent jurisdiction. "(2) 

Sec. 5. Every locomotive engine, railroad car, or train of cars, running 
in the night time, on any railroad track in said city, shall have and keep 
while so running, a brilliant and conspicuous light on the forward end, 
and while backing, a brilliant and conspicuous light on the rear end of 
such locomotive c?igine, car or train of cars; (3) any railroad company, 
their agents, or employees, failing to observe the provisions of this seclion 
shall be liable, jointly and severally, to a fine not less than ten dollars nor 
more than two hundred dollars. 

Sec. 6. This ordinance shall be known as ordinance No. — . 

Passed , 13 — . 

Approved 18 — . 

Published , 18—. 

A. B., Mayor. 
Attest 

CD,, City Clerk. 



{rr> 



Form of ordinance "regulating construction of sidewalks. 
ORDINANCE NO. — . 

An Ordinance to provide for the construction of sidewalks. 

Section 1. Be it ordained by the city council of , That 

all the sidewalks of said city shall be built, when ordered by the city coun- 
cil, wholly at the expense of said city, (4) and in every case, under the 

(1) See ante p. 49. clause 27. 

(2) See ante p. 48, clause 26. (3) See ante p. 49, clause 27. 
(4) See ante p. 46, clause 7 ; p. 44, note 1, to p. 43 ; p. 50, Note 2. 

The legal obligation of a city to repair highways, is one voluntarily assumed by its corporate 
authorities, but when it constructs these improvements for the benefit of the public, it then be- 
comes its duty to see that they are kept in repair. The City of Joliet v. Verley, 35 111. R., 58; City 
of Aurora v. Gillett, 56 111. R., 132 , Nevins v. City of Peoria. 41 111. R., 502. 

A sidewalk is a portion of a public highway, appropriated, it is true to pedestrians alone, but 
still open and free to all persons desiring to use and enjoy it as a public highway. It is as mi.ch 
public highway in the mode of its use as the street itself. City of Ottawa v. Spencer el at., 40 111 R., 
217. See ante p. 40, note 1. 



240 CITIES AND VILLAGES. [DIV. II. 



supervision of the city superintendent of streets, and of such width, mate- 
rial, and on such terms, and in such manner as the city council shall, by 
resolution, in each case provide : Provided, that all sidewalks hereafter 
constructed less than six feet wide, shall be set out at least one foot from 
the line of the adjoining lot or premises ; and, also, that no sidewalk shall 
be constructed exceeding ten feet wide exclusive of curb-stone. 

Sec. 2. Upon failure of the city council to order a sidewalk to be built 
in any part of the city upon due application by any person for the same 
to the city council, the person or persons desiring such sidewalk may con- 
struct tne same under the supervision of the city superintendent of streets 
of such material and width to be approved by the city council, and one- 
half of the cost of such material, shall in every case be paid out of the city 
treasury :(1) Provided, always, that there are unexpended funds in the 
city treasury belonging to the sidewalk appropriation. 

Sec. 3. The city superintendent of streets is hereby authorized, under 
the directions of the city council, to tear up and and replace any sidewalk 
for the purpose of establishing a uniformity in the hight of connecting 
sidewalks and crossings. (2) 

Sec. 4. This ordinance shall be known as ordinance No. — 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

r ^-^s . A. B., Mayor. 

•j l. s. > Attest: 

1 w^ j CD., City Clerk. 



(1) See ante p. 43, note; ante p. 22, note 1; ante p. 60, note 1, to p. 59. 

A city is bound only to see that its sidewalks are reasonably safe. City of Chicago v. McGiven, 
7S 111. R., 347. 

A city cannot by ordinance compel a citizen to remove snow from a sidewalk in- front of his 
premises any more than to remove any obstructions from the middle of the street. Gridley v. 
City of Bloomington, Sup. Court 111. Sept. 1878. 

7^.uthor of a nuisance is liable for a continuance of it, though he has demised the premises to 
another. So where the owner of a premises elevated the sidewalk adjacent thereto, without the 
authority of the city, and in which he placed a grading next to the building which was so 
detective that a person stepping upon it fell Into the area below, and was injured thereby, it was 
held, that the party who thus made the sidewalk less safe than before, was liable to the party 
injured by reason thereof. Stephani et al. v. Brown, 40 111. R., 428. 

(2) Sidewalks need only be reasonably safe for persons exercising ordinary care and caution in 
using them. The City of Chicago v. McGiven, 78 111. R., 352. 



DIY. II.] FORMS OP ORDINANCES — OBSTRUCTIONS. 241 

Form of ordinance regulating nuisances. 
ORDINANCE No. — . 

An Ordinance concerning nuisances, and providing penalty therefor. 

Section 1. Be it ordained by the city council of , That 

within the territorial jurisdiction of said city, it is hereby declared to be 
a nuisance for any person or persons, or corporation ;(1) 

First — To so negligently conduct any business, or use any premises as to 
create such an offensive smell as may taint the air and render it unwhole- 
some or disagreeable to other persons. (2) 

Second — To cause or suffer the carcass of any animal or any offal, filth, 
or noisome substance to be collected, deposited or remain in auy place to 
the prejudice of other persons. (3) 

Third — To throw or deposit any offal or other offensive matter or the 
carcass of any animal in any water-course, pond, spring or well. (4) 

Fourth — To deposit any night soil, dead animal, or other filthy, offen- 
sive, or noisome substance upon any lot, street, alley, highway, park or 
other place. (5) 

Fifth — To corrupt or render unwholesome or impure the water of any 
spring, stream pond or well, to the injury or prejudice of others. (6) 

Sixth — To obstruct or impede, without legal authority, the passage of 
any gutter, conduit, sewer, or the natural drainage of any public or private 
property. (7) 

Seventh — To obstruct or encroach upon public highways, private ways, 
streets, alleys or commons. (8) 

Eighth — To establish, maintain and carry on any offensive or unwhole- 
some business within the limits of said city, or within one mile of the 
limits thereof. (9) 

Ninth — To establish a cemetery within the corporate limits of said city, 
or within one mile of the limits thereof, without first having obtained 
permission so to do under an ordinance of the city council of said city. 

Tenth — To permit or suffer any offal, filth, refuse, animal or vegetable 
matter, which is liable to become putrid or offensive, or injurious to health, 
to remain on auy premises used or occupied by him, her or them, for a 
longer period than four hours at any one time. (10) 

Eleventh — To keep, or suffer to be kept, in a foul, offensive, nauseous or 
filthy condition, any railroad car, building, yard, cellar, barn, sewer, pig- 
sty or privy. (11) 

Twelfth — To own, keep or use any railroad car, yard, pen, place or prem- 
ises, in or upon which cattle or swine shall be confined, or kept, so as to be 
offensive to persons residing in the vicinity of the same. (12) 

(I) See ante p. 58, clause 75. (2) See ante p. 62, clause 83. 
(3) See ante p. 60, clause 78. (4) See ante p. 51, clause 40. 
(5) See ante p. 45, clause 15. (6) See ante p. 51, clause 40. 
(7) See ante p. 50, clause 29. (8) See ante p. 43, clause 10. 
(9) See ante p. 60, clause 79. (10) See ante p. 60, clause 78. 

(II) See ante p. 62, clause 84. 

The maxim, " Use your own property so as not to injure another," is quite applicable to a rail- 
road corporation as to individuals, except so far as the law creating it may have granted to it 
immunity, and a recovery can aud should be had for such damages as arise out of the careless- 
or negligent acts of a railroad company in regard to any usual and necessary appurtenance to> 
their road. I. C E. K. Co. v. Grabell, 50 111. R., 241. 

(.12) See case above cited. 

16 



242 CITIES AND TILLAGES. [DIY. II. 

Thirteenth — To erect, continue, or use any building or other place, for 
the exercise of any trade, employment, or manufacture, which by occasion- 
ing noxious exhalations, offensive smells, or otherwise, is offensive or 
dangerous to the health of individuals, or of the public. (1) 

Fourteenth — To locate and use without first having obtained permission 
of the city council to do so, any packing house, rendery, tallow chandlery, 
bone factory, soap factory, tannery, brewery, distillery, livery stables, 
blacksmith shops, or foundry. (2) 

Fifteenth — For the owner or keeper of any lot or premises to suffer to 
Temain thereon to the annoyance and detriment of other persons, a dilap- 
idated building liable to fall or take fire, and which by reason of its prox- 
imity to the contiguous or adjacent buildings and premises of other per- 
sons, does endanger their lite or property. (3) 

Sixteenth — For the owner or keeper of any lot or premises to suffer to 
stand or remain thereon, water which is or which may become stag- 
nant, foul and offensive, as well as detrimental to the health and comfort 
of persons residing in the neighborhood thereof. (4) 

Seventeenth — To erect or use habitually any house or lot for the purpose 
of butchering or slaughtering cattle, calves, sheep or swine without per- 
mission granted by the city council. (5) 

Eighteenth — To boil or render tainted lard, or other animal substance, so 
as to taint the air or render it unwholesome or offensive. (6) 

Nineteenth — To use in the erection or repairing of any building, a scaf- 
fold or scaffolds, not wide enough to insure the safety of persons working 
thereon, or persons passing under or near the same. (7) 

Sec. 2. Whoever violates any clause or section of this ordinance, shall 
be lined not less than three dollars or more than two hundred dollars ; 
and if any such person or corporation shall continue a nuisance after 
being fined for the same, a new cause of action shall immediately accrue 
against such person or corporation, subjecting the offender to a like penalty 
aforesaid; and so on, after the rendition of each fine, the continuance of 
such nuisance shall be deemed a new cause of action, subjecting the offen- 
der to a like penalty as aforesaid: Provided, that the offender shall, in 
every case, under this ordinance, be notified by some executive officer of 
said city, to remove or abate any such nuisance, and be allowed a reasona- 
ble time, to be fixed by such officer in such notice, according to the nature 
of such nuisance, to so remove and abate the same ; and upon so doing 
within the time fixed by such officer, the offender shall not be subject to 
the fine aforesaid, unless the commission of such nuisance was willful or 
resulted in actual damage to the j)erson or property of some person or cor- 
poration.^) 

Sec. 3. This ordinance shall be known as ordinance No. — . 

Passed , 18—. 

Approved , 18 — . 

Published , 18— 

r <—^ — ^ . A. B., Mayor. 

\ l. s. \ Attest 

1 1 — , — ' J CD., City Clerk. 



(1) See ante p. 60, clause 7S. 

(2) See ante p. 62, clause 81, 82. (3) See ante p. 58, clause 75. 
(4) See ante p. 51, clause 40. (5) See ante p. 62, clause 83. 
(6) See ante p. 62, clause 81. (7) See ante p. 57, clause 63. 
(8) See ante p. 58, note ; p. 59, note ; p. 60, note. 



DIV. II.] FORMS OF OEDINANCES — HEALTH. 243 

Form of ordinance regulating health of city. 
ORDINANCE NO. — . 

An Ordinance concerning contagious diseases and hearth of the city. 

Section I. Be it ordainded by the city council of , That 

it is hereby declared the duty of every practicing physician who shall 
have a patient within the territorial jurisdiction of said city, sick or 
affected, or supposed to be affected, with a contagious, infectious, or pesti- 
lential disease, to forthwith make report thereof, in writing, to the mayor 
or city marshal, describing the locality of such patient, so that he or she 
may be readily found ; and the mayor or city marshal shall immediately 
cause a suitable notice, with the name of the disease printed or written in 
large letters thereon, to be posted up in the most conspicuous place, on or 
near the building or dwelling in which such contagious disease exists and 
require the occupants thereof to maintain and so keep up such notice 
until, in the opinion of a competent physician, such notice may be safely 
discontinued ; and any physician failing to make report as aforesaid, and 
any person failing or refusing to maintain or keep up the notice aforesaid, 
shall be subject to a penalty of not less than five dollars or more than fifty 
dollars. (1) 

Sec. 2. Any person having, or having had the small-pox, or other like 
malignant or infectious disease, who shall go about in any public place, 
while in danger of giving such disease to others, shall be subject to a pen- 
alty of not less than twenty nor more than one hundred dollars : Pro- 
vided, that this shall not apply to cases where such person shall have first 
consulted some respectable physician, and obtained from him a written 
statement that such person is in no danger of giving the disease to others. 
Any person attending, or being about any other person having the small- 
pox, or other infectious disease, who shall not change, or purify his or her 
wearing apparel, before going into any public place, or shall otherwise so 
conduct himself or himself as to endanger the spreading of the disease, or 
giving it to others, shall be subject to a penalty of not less than twenty- 
five nor more than one hundred dollars for each offence. 

Sec. 3. Whoever shall keep, sell or deliver any poison usually known 
or used as deadly poison, without legibly marking the name thereof, and 
the word " Poison " upon the phial, wrapper, box or other enclosure con- 
taining the same ; or whoever shall sell or deliver any arsenic, strychnine, 
prussic acid, or other poison usually known or used as deadly poison, to 
any person without registering the name of such person and the kind and 
quantity of poison so sold or delivered, and the purpose for which the 
same was obtained, shall be subject to a penalty of not less than five nor 
more than twenty-five dollars for each and every offense. (2) 

Sec. 4. The storage within the corporate limits of said city, of gun- 
powder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, 
hay, straw, nitro-glycerine, petroleum, or any of the products thereof, 
and other combustible or explosive material, in any car, or upon any 
premises, by any person, in such quantity, or bulk, as to endanger seri- 
ously the life or property of any person, shall subject the offender (after 
reasonable notice by some official of said city to abate the same) to a pen- 
alty of not less than ten dollars or more than one hundred dollars. (3) 

(1) See ante p. GO, ? 78. 

(2) See Rev. Stat., p. 361, § 62, 63 ; Haines Treatise, new ed., p. 592. 

(3) See ante p. 57, clause 65. 



244 CITIES AND VILLAGES. [DIIV. I. 

Sec. 5. The mayor shall annually during the month of May, cause 
printed notices to be posted up, commanding all persons in said city, 
within fifteen days from the date of said notices, to thoroughly cleanse and 
purify their yards, barn lots, pig styes, cellars, privies, and the alleys and 
streets adjacent, of all trash, filth, manure, and other noisome substances 
likely to occasion disease, or prove offensive to any person in said city, 
under penalty of failure so to do, of rigid prosecution under the ordinances 
of said city ; and it is hereby declared the duty of the city marshal and 
city superintendent of streets, to inspect the yards, barn lots, pig styes, 
cellars and privies, of every person in said city (using no force however 
for that purpose), as well as all the streets and alleys of said city, and shall 
make complaint and cause to be prosecuted every person who fails to com- 
ply with such notices: Provided, that the notices aforesaid shall not be 
construed as a condition precedent to fixing the liability of any person for 
the violation of any ordinance of said city, but simply as a warning to all 
persons of their duties and liabilities under said ordinances. 

Sec. 6. This ordinance shall be known as ordinance No. — . 

Passed , 18—. 

Approved , 18 — . 

Published , 18—. 

A. B., Mayor. 

l. s. ]■ Attest: 

CD., City Clerk. 



Form of ordinance relating to vagrants. 
ORDINANCE NO. — . 

An Ordinance concerning vagrants. 

Section 1. Be it ordained by the city council of , That 

a vagrant, under the meaning and provision of this ordinance, shall be 
deemed to be:(l) 

First. Any male person over the age of sixteen years, or any female 
person over the age of fourteen years, who there is reason to believe live 
idly, without proper and diligent effort to procure employment, and with- 
out any visible means to support or maintain themselves, and without any 
settled abode, and are of vicious character and depraved habits, or who 
shall be found loitering or rambling about, or wandering about or loitering 
in groceries, tippling houses, beer houses, out-houses, bawdy houses, houses 
of bad repute, sheds, stables, market houses, lumber yards, or in the open 
air, or who shall be found trespassing upon the private premises of others 
and not giving a good account of themselves. 

Second. Any person upon whom shall be found any instrument or 
thing used for the commission of burglarly, or for picking locks, or pock- 
ets, and who shall fail to give a good account of the possession of the same. 



(1) See ante p. 58, clause 74 ; See Laws 1877, p. 87. 

To authorize a police officer in arresting a person, without a warrant, for the violation of 
an ordinance declaring all persons vagrants who not having visible means to maintain -them- 
selves, or found without employment loitering or rambling about, or staying in groceries, drink- 
ing saloons, etc., there must be shown a want of visible means of support, as well as other facts. 
Shanley v. Wells, 71 111. R., 78. 



DIV. II.] FORMS OF ORDINANCES FIRE LIMITS. 245 



Third. Any prostitute, courtezan, bawd or lewd woman, or any inmate 
of any bawdy-house, or house of prostitution, or assignation, brcthel, or 
house of bad repute, who shall be found wandering about the streets in the 
night time, or frequenting dram shops or beer houses. 

Fourth. Any procurer, pimp or other male person inhabiting a bawdy 
house, or house of prostitution or assignation, or in any way connected 
with the keeping of any such house. 

Fifth. Any male or female person who knowingly associates with per- 
sons having the reputation of being thieves, burglars, pickpockets, bawds, 
prostiutes or lewd women, or gamblers, or who lodges in or frequents 
houses or other places having the reputation of being the resort of thieves, 
burglars, pickpockets, bawds, prostitutes or lewd women, or gambling 
houses, or places for the reception of stolen property. 

Sec. 2. On the trial of any person charged with being a vagrant, it shall 
be lawful to introduce testimony as to the character and reputation of the 
defendant touching any of the matters set forth in section 1 (one) of this 
ordinance, by either the city or the accused. Any person who shall be 
convicted of being a vagrant under the provisions of section one of this 
ordinance, shall, upon conviction thereof, be fined in a sum not less than 
five nor more than one hundred dollars. (1) 

Sec. 3. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

( , — ' — , ^ A. B., Mayor. 

J L.s. > Attest : 

< ^v^ •> CD., City Clerk. 



Form of ordinance regulating fire limits. 
ORDINANCE NO. — . 
An Ordinance concerning fire limits. 

Section 1. Be it ordained by the city council of , That 

all that part of the city of , -county, Illinois, embraced 

within the following limits shall hereafter be known as the fire limits of 
said city, namely :(2) 

[Here describe the fire limits.'] 

Sec. 2. No building or structure of any kind, or description, shall be 
erected or constructed, within said fire limits, unless the outside and party 
walls thereof shall be composed of brick, stone, iron, or other incombusti- 
ble material ; and all buildings which shall or may be hereafter erected 
or constructed within said fire limits shall have outside walls of not less 
than one foot in thickness ; and if any building shall be more than two 
stories in height (above ihe basement), the outside walls of the basement 
and first story shall not be less than sixteen inches in thickness ; and the 
walls of the stories above the second shall not be less than twelve inches 
in thickness, and that all outside walls, with the exception of rear walls, 
shall extend at least twelve inches above the roof: Provided, that build- 
ings erected and used as dwellings only, may be constructed with walls in 

(1) See ante p. 54, note. (2) See ante p. 5G, clause G2. 



246 CITIES AND TILLAGES. [DIT. II. 



all cases, four inches less in thickness than is herein above specified, and 
that any building, cottage or barn, one story in height, may be built with 
vails not less than eight inches thick ; and, provided further, that no cor- 
nice of wood shall be placed on any building over one story in height, not 
counting the basement (if any) as one story ; and that all wooden joists, 
beams, or other timbers in outside and party walls shall be seperated at 
least four inches from each other with stone or brick laid in mortar, and 
all wooden lintels or plate pieces in the front, rear, or side walls, shall 
recede from the outside of the wall at least four inches ; or when they 
shall not so recede they shall be covered with fire proof material. (1) 

Sec. 3. It shall be unlawful for any person or persons, company or cor- 
poration to cover or recover any building now erected or hereafter erected 
within said fire limits with any shingles, boards, planks or other combus- 
tible material whatever ; but all such buildings shall in all cases be cov- 
ered with metal, tile, slate, or some other equally good fire proof material: 
.Provided, that the city council may for good and sufficient reason shown, 
grant a permit to any person applying therefor to cover or recover any. 
building in said fire limits, with shingles or other material. 

Sec. 4. Sheds not exceeding twelve feet in height at the peak, or high- 
est part thereof ; and privies not exceeding eight feet square and ten feet 
in height at the peak, may be constructed of wood : Provided, that the 
term "shed" be so construed as to mean a structure with a roof sloping- 
one way and with one or more sides of such structure entirely open. 

Sec. 5. All depositories for ashes within or without the fire limits, shall 
be built of brick or other fire proof material, when not at least twenty- 
five feet distant from a,ny combustible material or building. (2) 

Sec. 6. No wooden building, (3) or part of any wooden building within 
said fire limits, shall be raised, enlarged or repaired, except those buildings 
used exclusively for private dwelling houses may be repaired, subject to 
the provisions of section 3 of this ordinance, but shall not be raised or en- 
larged, nor shall any such wooden buildings or part of wooden buildings 
within the fire limits be removed to any other place within the same, nor 
shall any wooden building within the fire limits, which may become dam- 
aged to the extent of fifty per cent, of the value thereof by fire or other 
casualty, be repaired or rebuilt, nor shall any such building, when the 
damage thereto is less than fifty per cent, of its value, be so repaired as to 
be raised higher than the highest point left standing after such damage 
shall have occurred, or so as to be in better condition or state of repair 
than before such damage, or as to occupy a greater space than before the 
injury thereto ; and the extent of damage that may be done to any such 
building by fire or other casualty, may be determined by three disinter- 
ested citizens of the city, one of whom shall be selected by the owner of 
the building, or his agent, the second by the mayor or city council, and 
the two chosen shall select a third, and the decision of the persons so 
chosen shall be final and conclusive. (4) 

Sec. 7. Any owner, builder, or other person, who shall own, build or 
aid in the erection of any building, or part of any building, within the 
fire limits, contrary to, or in any other manner than authorized by the 
provisions of this ordinance, or who shall own, remove or assist in remov- 
ing any such building, or part thereof, from without said limits 
into the same, or own, repair or assist in repairing any dam- 
aged or wooden building, contrary in either case to any provisions of this 

(1) See ante p. 56, clause 61. (2) See ante p. 57, clause 63. 

(3) See ante p. 56, clause 62. (4) See ante p. 56, clause 62. 



DIV. II.] FORMS OP ORDINANCES — FIRE LIMITS. 247 



ordinance, shall be subject to a fine of not less than twenty-five nor more 
than one hundred dollars for the first offense, and to a like fine for every 
forty-eight hours such person shall fail to comply with the provisions of 
this ordinance, or continue in the violation of the same, he shall be sub- 
ject to a like fine. 

Sec. 8. Any wooden building, or part of any wooden building, which 
may be erected, enlarged, removed or repaired, contrary to this ordinance, 
shall be deemed a nuisance, and upon information of such violation, the 
mayor shall give due and reasonable notice to the owner and builder there- 
of, to abate, remedy or remove the same, or such part thereof as may be 
necessary, and upon his failure to comply with said notice, the mayor 
shall, by an order in writing, require the city marshal to remove or tear 
down such building or such part thereof as may be necessary, and the city 
marshal shall execute the order of the mayor, and shall report the costs 
and expenses of such removal, upon oath, to the city council for allow- 
ance, and such costs and expenses may be collected of the owner or 
builder of any such building liable therefor, by suit, in the name of the 
city before any court having jurisdiction. (1) 

Sec. 9. No person shall, without the consent in writing of the mayor 
or an order of the city council, throw, place, pile or deposit within the fire 
limits of said city, any wood, lumber, timber, hay, straw, or other com- 
bustible material, so as to endanger any building by the burning thereof, 
and any person so offending shall forfeit and pay to the use of the city the 
sum of five dollars for each offense, and a further sum of ten dollars for 
every twenty-four hours he allows the same to remain after notice to re- 
move the same by the city marshal or mayor, to be recovered as other pen- 
alties herein provided. (2) 

Sec. 10. No person shall, without the fire limits of said city, place, pile 
or throw any wood, lumber, timber, hay, straw, or other combustible 
material into any lot, street or alley, or on his own premises, contiguous to 
and so as to endanger the buildings or property of other persons, and any 
person so offending shall be considered and adjudged guilty of a nuisance, 
and forfeit and pay the sum of ten dollars for each offense, and the further 
sum often dollars per day for each day he shall allow the same to remain 
after notice by the city marshal, or other person, to remove or abate the 
same. (3) 

Sec. 11. No person shall build, make or kindle any fire m any plank 
or other temporary shed, unless such building or shed shall have therein 
a stove, chimney or vault in which to make or kindle such fire ; and every 
person so offending, shall forfeit and pay the sum of not less than five nor 
more than twenty-five dollars for each and every offence. 

Sec. 12. It shall be unlawful within said city to build, or have built, or 
use when built, any chimney with walls of less than four inches of thick- 
ness of brick or stone, completely imbedded in lime mortar, and plastered 
on the inside with a smooth coat of the same ; and hereafter no chimney 
shall be constructed in said city with a flue less than eight by eight 
inches; (4) and if intended for full two stories of any building, such Sue 
shall not be constructed less than eight by twelve inches. All chimneys 
shall be extended at least three feet above the roof. 

Sec. 13. No stove pipe, when in use, shall be less than four inches from 
any wood or other combustible material, unless there is a double circle of 

(1) See ante p. 58, clause 75. (2) See ante p. 64, clause 93. 

(3) See ante p. 57, clause 63. (4) See ante p. 57, clause G3. 



248 CITIES AND VILLAGES. [DIV. II. 

tin connected together and air holes through the connecting tin between 
said pipe and combustible substance. 

Sec. 14. Holes for stove pipes shall have a sheet iron thimble or other 
fire proof material inserted into the chimney, imbecled in mortar, and, 
when not in use, shall be covered with a sheet iron stopper with a flange 
at least one inch wide outside of the brick. 

Seg. 15. No lighted candle or other material used for light, shall be 
used in any stable or building, where hay, straw, shavings, or other com- 
bustible materials are kept unless the same be well secured in a lantern ; 
and any person violating the provisions of this section, shall be subject to 
a penalty of not less than five dollars or more than twenty-five dollars. (1) 

Sec. 16. The mayor of said city may inspect or cause the city marshal 
to inspect, during business hours, any stove or stoves, fire-place or fire- 
places, flues or chimneys, or any place where fire is kept, for the purpose 
of ascertaining whether the same are so fixed as not to endanger the build- 
ing in which the same may be, or any building contiguous thereto, 
or to endanger any building in the town, and to notify the occupants 
to make all necessary repairs and see that the same are done within a 
resonable time ; and whenever, in the opinion of any officer of said city, 
upon making the inspection aforesaid, any chimney, stovepipe or flue, is 
in such a condition as to render the use thereof unsafe, such officer may 
order the occupant or occupants, owner or owners of any such building 
wherein is situate any such chimney, stovepipe, or flue, to forthwith make 
all necessary repairs to render the use of such chimney, stovepipe, or flue, 
safe against accident by fire to such building ; and upon failure of any per- 
son, after reasonable notice, to make the repairs aforesaid, or comply with 
all or any of the provisions of sections 12, 13 and 14 of this ordinance, he 
or she shall be subject to a penalty of not less than ten dollars or more 
than fifty dollars for each and every offence; and the city marshal shall 
proceed to make such repairs, and the cost of making the* same, shall be 
added to said penalty, or may be recovered in a separate action in the 
name of said city. 

Secx 17. The city marshal shall at the expense of said city provide some 
suitable building for, and take charge of all ladders, fire-hooks, axes, buck- 
ets, engines or other fire apparatus belonging to said city, and shall in no 
case suffer any of said fire apparatus above specified to be removed from 
such building, unless upon an alarm of fire, or when it may be necessary 
to have the same repaired, and in all cases as soon as the fire is ended, or 
necessary repairs made, such apparatus shall, at once be restored to its 
proper place ; and any person or persons who shall remove any of the 
above apparatus from such building unless at such times and for purposes 
above specified, shall each be subject to a penalty of not less than five nor 
more than one hundred dollars for each and every offence, and five dol- 
lars additional for every twenty-four hours he, she or they shall keep such 
apparatus, or any part thereof, from such building. 

Sec. 18. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

f ,— ^— s i A. B. Mayor. 

■< l. s. Attest: 

1 ^v^ ' CD., City Clerk. 

(1) See ante p. 57, clause 63. 



DIY. H.] FORMS OF ORDINANCES — WEIGHTS AND MEASURES. 249 

Form of ordinance regulating iv eights and measures. 
ORDINANCE NO. — . 

An Ordinance concerning weights and measures. 

Section 1. Be it ordained by the city council of , That 

the mayor, by and with the consent of the city council, may annually ap- 
point a weighmaster, who shall furnish his own scales and receive iii full 
compensation for his services the fees provided for in this ordinance. (1) 

Sec. 2. Upon complaint of any person that the scales of such weigh- 
master are not correct, the committee on public works aud property may, 
if they deem the complaint is well founded, cause the sealer of such weigh- 
master to be tested by the county scales of county, Illinois, or other 

authorized sealer, under the Statues of Illinois. (2) 

Sec. 3. It shall not be lawful for any person to sell or dispose of any 
load of hay, stone coal, or grain (except the same is for dealers in bulk 
who provide their own scales) within the corporate limits of said city, 
without first having the same weighed by the weighmaster and obtaining 
from him a certificate of the weight of such load of hay, coal or grain, 
and the weight of the wagon upon which the same may be loaded ; and 
every person violating the provisions of this section shall be fined one 
dollar for each and every offence. (3) 

Sec. 4. No person or persons shall sell or dispose of firewood by the load, 
or in any less quantity than one cord, within the limits of said city, with- 
out first having had the same measured by the weighmaster, and 
obtained from him a certificate of the quantity ; said certificate shall state 
the number of feet contained in such load, and the number of cords or 
parts of cords, for whom measured and when, and on the sale of the wood 
said certificate shall be delivered over by the seller to the purchaser, to be 
kept by him for his own benefit. Any person violating the provisions of 
this section, shall be subject to a penalty of one dollar for each and every 
offence. 

Sec. 5. It shall be the duty of the weighmaster, in execuing the cer- 
tificates aforesaid, to show the name of the owner of the property weighed, 
or measured, the day when weighed or measured, the gross weight of the 
wagon and load weighed, the weight of the wagon, and the net weight of 
the hay, coal or grain weighed, and he shall sign his name to such certifi- 
cate and deliver the same to the person at whose instance such load is 
weighed or measured ; and in measuring wood, he shall carefully examine 
the manner in which the same is piled, and make suitable deduction for 
loose and improper piling in estimating the amount thereof, and in every 
case he shall deal impartially and render a true certificate ; and upon fail- 
ure so to do, shall be subject to a penalty of not less than five dollars or 
more than twenty-five dollars. 

Sec. 6. For each and every load weighed, the weighmaster weighing 
the same shall charge the sum of ten cents, and for each and every load of 
fire wood, by him measured, he shall charge the sum of ten cents, the 
charges to be paid, in all instances, before the issue and delivery of the 
certificate of the weight or measure thereof, by this ordinance required. 

Sec. 7. The weight and measurement of all hay, coal, grain and wood 
in said city, shall be by the standard weights and measures established by 
the State of Illinois. 



(1 ) See Laws 1875, p. 41 ; ante p. 134, § 24G. 

(2) See Rev. Stat., p. 1098. (3) See ante p. 56, clause 54. 



250 CITIES AND TILLAGES. [BIT. II. 

Sec. 8. Any person who shall sell, or permit any person in his or her 
employ to sell, stone coal, hay, grain, or wood, in said city, by weight or 
measurement, in less quantity than the amount that such person shall 
purport to sell at any such sale, the person or persons so offending shall, 
upon conviction, forfeit and pay a fine of not less than ten nor more than 
one hundred dollars for each offence. 

Sec. 9. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

A. B., Mayor. 



| l. s. | 



Attest 



C. D., City Clerk. 



Form of ordinance relating to sewerage. 
ORDINANCE NO. — . 

An Ordinance concerning sewerage. 

Section 1. Be it ordained by the city council of , That 

in order to gradually establish a uniform system of sewerage and drainage 
throughout said city, in the interest of the health of the inhabitants there- 
of, the city council shall annually levy and collect a tax upon the taxable 
real and personal estate of said city, not to exceed one mill upon a dollar 
of the assessed value of said estate, which tax shall be known as the 
"Sewerage fund tax,"(l) and shall be levied and collected in the same 
manner that other general taxes of said city are levied and collected, and 
when collected shall be expended solely for the extension and laying of 
drains and sewers, and the maintenance of such drains and sewers as may 
be or have been already constructed in said city : Provided, that the com- 
mittee on public work and property shall first certify to the city council 
annually the amount necessary for such purpose. 

Sec. 2. That in order to preserve a record of the location of the several 
sewers and drains of said city, the city council shall cause a map of said city 
to be executed on some durable and flexible material by some competent 
draughtsman ; which map shall be proportioned on a scale of feet, and 
shall show the relative position and name of all the streets and alleys of 
said city, as well as the several sloughs, brancnes and creeks in and ad- 
joining said city. Said map shall be put upon rollers and filed for refer- 
ence in the city clerk's office of said city. 

Sec. 3. The city superintendent of streets shall ascertain, as near as 
possible, the location and size of all drains or sewers now located under 
the streets and alleys of said city, as well as the place where the same may 
be tapped by private drains, and shall cause the size and location of the 
same, and the place where tapped, to be indicated on the map aforesaid 
and in like manner hereafter shall cause the size and location of all sewers 
and drains situate as aforesaid, to be indicated on said map as the same 
are constructed by said city, or by any person, b}^ the permission of said 
city. 



(1) See ante p. 50, clause 29. 



DIV. H.] FORMS OF ORDINANCES — SEWERAGE. 251 



Sec. 4. By the term "main drain," under this ordinance, shall be un- 
derstood a tiling placed at such a depth below the surface of the earth and 
of sufficient size as to serve only as a complete drainage (when tapped) for 
such water as rises from natural cause into the cellars and wells belonging 
to the inhabitants of said city to their injury. And the use of any such 
main drain by any person for any other purpose, without the written per- 
mission of the city council, shall subject such person to a fine of not less 
than live dollars or more than fifty dollars. 

Sec. 5. By the term sewer, under this ordinance, shall be understood a 
subterraneous canal sufficiently large as to conduct water, slop, offal and 
filth through the same. But no person shall use any sewer for any pur- 
pose other than the passage of water without a written permit from the 
city council, which permit shall expressly state for what other purpose and 
upon what terms such sewer shall be used by such person. Any person 
violating the provisions of this section shall be fined not less than ten dol- 
lars or more than one hundred dollars. 

Sec. 6. No person, without the permission of the city council, shall 
conduct any water from the surface of any street, alley, lot or roof of any 
building into any main drain or sewer of said city, under penalty for so 
doing of not less than five dollars or more than fifty dollars. 

Sec. 7. Any person may tap ah3^ drain or sewer of said city, with a 
private drain constructed at his or her own expense for the purpose of 
conducting the water only which may arise from natural causes, into any 
cellar, well, cistern, flower-pit or vault, under the supervision of the city 
superintendent of streets, upon the payment to him of a fee of fifty cents 
for making the measurement and record required in the next section. (1) 

Sec. 8. It shall be the duty of the city superintendent of streets to note, 
or cause to be indicated, on the map aforesaid, the exact place where any 
private drain taps any main drain or sewer of said city, and, in doing so, shall 
indicate in figures the number of feet such place is from the north or east 
corner (as the case may be) of the adjoining block of lots. 

Sec. 9. The city superintendent of streets shall at the expense of said 
city, cause to be constructed three moveable frame works, each about ten 
feet long, of the shape of an "A," and sufficiently wide at the base to span 
any excavation made for the purpose of constructing or repairing any 
drain or sewer ; and it shall be the duty of said officers to cause such frame 
works to be placed over all such excavations during the night time, and at 
all other times when the same are left unguarded, in order to prevent ani- 
mals and persons from falling into such excavations or being injured 
thereby. (2) 

Sec. 10. The construction and repair of main drains and main sewers 
as aforesaid, shall be adjudged by all courts as a street and alley improve- 
ment ; and all persons when required shall work out their fines or per- 
form street labor in aid of the same, under the supervision of the city su- 
perintendent of streets, in the same manner and on the same terms as 
other street labor is performed. 

(1) A regulation of a board of public works of a city, which requires citizens desiring to use 
the water of the city flowing through the main pipes, to lay down at their own expense the nec- 
essary service pipes from their lots to the main pipes is but just and reasonable. Prindevilleetal. 
v. Jackson et al., 79 111. R. , 337. 

"Where a person, in preparing to build a house in a city, extended his cellar across the side- 
walk, without procuring a license so to do, he was held liable for all damages arising from such 
unauthorized excavation in the sidewalk, the party receiving injury thereby having exercised 
reasonable care for his own safety. The license of a city will not authorize an individual to 
make an evcavation in a public street, and leave it insufficiently graded. Pfau v. Beynolds, 53 
111. R., 312. 

(2) See ante p. 45, note. 



252 CITIES AND VILLAGES. [DIV. II. 

Sec. 11. No main drain or main sewer shall be constructed in said city, 
except expressly ordered by a vote of the city council ; and when so 
ordered the committee on public works and property may let the construc- 
tion of the same to the lowest and best bidder, and for that purpose may 
call upon the city superintendent of streets to furnish specifications of the 
kind of material to be furnished and nature and extent of work to be 
done ; or the said committee may order the city superintendent of streets 
to procure labor and material at the expense of said city at prices subject 
to their approval. 

Sec. 12. It is hereby declared the duty of all persons to place a screen 
over the end of an y private drain connecting their premises with any main 
drain or main sewer of said city, under penalty of failure so to do of not 
less than three dollars or more than fifteen dollars. 

Sec. 13. Any premises connected by a private drain to any main drain 
or main sewer of said city, shall subject such premises to inspection by 
city superintendent of streets during business hours, to the end that the 
provisions of this ordinance may be rigidly enforced against all persons 
who fail to comply with the same ; and to this end it is hereby declared 
the duty of the city superintendent of streets to examine the inlet and 
outlet of all drains and sewers at least once a year. 

Sec. 14. It shall be unlawful for any person to wilfully or maliciously 
injure, obstruct, or remove any drain or sewer, under penalty of not less 
than three dollars or more than two hundred dollars. 

Sec. 15. It shall be unlawful for any person by an under drainage or 
tiling connected with the cellar, cistern, well or vault of such person to 
cause the water or other fluid from such cellar, cistern, well or vault to 
flow in or upon any street or alley of said city, under penalty for so doing 
of not less than five dollars or more than twenty- five dollars : Provided, 
that it shall be the duty of the city marshal to give any such person 
five days notice to tear up or prevent any such drainage aforesaid before a 
violation of this section shall be adjudged to have occurred. 

Sec. 3. This ordinance shall be known as ordinance No. — . 

Passed 

Approved 

Published 

A. B., Mayor. 

C. D., City Clerk. 




DIY. II.] FORMS OF ORDINANCES — TAXES. 253 

Form of ordinance concerning levy of taxes. 
ORDINANCE NO. — . 

Ax Ordinance concerning taxes. 

Section 1. Be it ordained by the city council of , That 

the city council shall on or before the second Tuesday of August, in each 
year, ascertain the total amount of appropriations for all corporate pur- 
poses, legally made (by an ordinance termed the annually appropriation 
bill), and the said city council shall, by ordinance, levy and assess such 
amount, so ascertained, upon the real and personal property within said 
city, subject to taxation, as the same is assessed for state and county pur- 
poses for the current year ; taking into consideration, however, the prob- 
able revenue of said city, from sources other than by general taxation. 
Said ordinance may be eutitled as follows: "An ordinance imposing city 
tax for the year A. D. 18—," (stating in figures the current year).(l) 

Sec. 2. A certified copy of said ordinance, imposing city tax as afore- 
said, shall annually be filed on or before the second Tuesday of August, 

with the county clerk of county, Illinois, whose duty it shall be to 

ascertain the rate per cent, which, upon the total valuation of all property 
subject to taxation within said city, as the same is assessed and equalized 
for state and county purposes, will produce a net amount not less than the 
account so directed to be levied and assessed, and it shall be the duty of 
fsaid county clerk to extend such tax in a separate column upon the book 
or books of the collector or collectors of state and county taxes within said 
city. 

Sec. 3. The tax so assessed shall be collected and enforced in the same 
manner and by the same officers as state and county taxes, and shall be 
paid over by the officers collecting the same to the city treasurer of said 
city. 

Sec. 4. It shall be the duty of the officer collecting such tax to settle 
with and pay over to said city treasurer, as often as once in two weeks from 
the time he shall commence the collection thereof, all such taxes as he 
shall then have collected, till the whole tax collected shall be paid over. 

Sec. 5. Whenever said city is required to levy a tax for the payment of 
any particular debt, appropriation or liability of the same, the tax for such 
purpose shall be included in the total amount assessed by the city council, 
and certified to the county clerk as aforesaid ; but the city council shall 
determine, in the ordinance making such assessment, what proportion of 
such total amount shall be applicable to the payment of such particular 
debt, appropriation or liability ; and the city treasurer shall set apart such 
proportion of the tax collected and paid to him for the payment of such 
particular debt, appropriation or liability, and shall not disburse the same 
for any other purpose until such debt, appropriation or liability shall have 
been discharged. 

Sec. 6. All taxes levied or assessed by said city, except special assess- 
ments for local improvements, shall be uniform upon all taxable property 
and persons within the limits of said city; and no property shall be ex- 
empt therefrom other than such property as may be exempt from taxation 
under the constitution and general laws of the state. 



(1) See ante p. 85, \ 111. 



254 CITIES AND VILLAGES. [DIV. II. 

Sec. 7. The city clerk shall annually, in making his report under sec- 
tion 48, of ordinance No. 10, particularly specify the probable liabilities of 
said city during the current fiscal year, as follows : 

For principal of bonded debt (if any) $— 

" interest on bonded debt (if any) $ 

" salaries $ 

11 sidewalks $ 

" streets and alleys $ 

" sewerage fund(not exceed one mill on $1) $ 

" lamps and lights $ 

" printing, rent and fuel $ 

" miscellaneous expenses $ 

He shall also state the probable aggregate revenue from fines, dog tax, 
street labor, licenses and other sources of revenue other than direct taxa- 
tion ; and the city council shall in the said annual appropriation bill, fix 
the amount necessary to liquidate each of the aforesaid liabilities, and 
shall certify only to the county clerk aforesaid, such aggregate amount 
thereof as may be necessary to be raised by direct taxation. 

Sec. 8. And it shall be the duty of the city treasurer to keep a separate 
account of each of the aforesaid items of liability as fixed annually by the 
city council, and shall credit each its relative amount of the aggregate 
amount raised by general taxation, leaving the deficiency, if any, to be 
supplied, if necessary, by order of the city council and out of the city 
revenue from other sources. 

Sec. 9. The revenue arising from fines, dog tax, street labor, licenses, 
and other sources, than by general taxation, shall not be credited to any 
appropriation, except by an express order of the city council ; but the 
surplus fund belonging to any appropriation (except such special debts as 
may be expressly provided for in the manner prescribed in section 5 of 
this ordinance) may be employed, by order of the city council, in the pay- 
ment of any liability provided for in the annual appropriation bill of said 
city. 

Sec. 10. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

^ — , A. B., Mayor. 

< l. s. y Attest: 
^ -w J CD., City Clerk. 



DIV. II.] FORMS OF ORDINANCES— APPROPRIATION BILL. 255 

Form of ordinance, styled the annual appropriation bill. 

[See ante p. 77, § 89. 

ORDINANCE NO. — . 

ANNUAL APPROPRIATION BILL. / 

An Ordinance making the animal appropriations for the current fiscal 
year. 

Section 1. Be it ordained by the city council of , That 

there be and hereby is appropriated to be provided for by the general tax- 
levy for the current fiscal year the aggreate sum of Thousand Dol- 
lars, for the following purposes, to-wit: 

1. Interest on public debt and sinking fund $ 

2. Engineer department $ 

-°>. Police department I 

4. Street lighting with gas $ 

5. City court and law department $ 

0. Officers fees and salaries f> 

7. Health department $ 

8. Fire department $ 

9. Public library and reading room $ 

10. Contingencies $ 

Making a total amount appropriated for the purposes aforesaid of 

thousand dollars. 
Sec. 2. This ordinance shall be known as ordinance No. — 

Passed , IS — . 

Approved 18 — . 

Published , 18—. 

( ^-^— ^ . A. B., Mayor. 

-J l. s. J- Attest 

1 ^-v^ - C. D,, City Clerk. 



Form of ordinance for annual tax levy. 

[See ante p. 85, §111.] 

ORDINANCE NO. — . 

An Ordinance providing for the levy, assessment and collection of taxes 
for the fiscal year, A. D. 18—. 

Section 1. Be it ordained by the city council of , That 

there shall be levied, assessed and collected upon the personal and real 

property, within the corporate limits of the city of , as the same is 

or may be returned by the assessor of said city' for the year one thousand 
eight hundred and : 

The sum of six thousand dollars for school and educational purposes; 

And the sum of two thousand dollars for fire and water purposes ; 

And the sum of three thousand dollars for streets, bridges and side- 
walks ; 

And the sum of five hundred dollars for cemetery purposes ; 



256 CITIES AND VILLAGES. [DIV. II, 

And the sum of three thousand dollars for general contingent and mis- 
cellaneous purposes — making a total aggregate sum to be levied, assessed 
and collected of sixteen thousand dollars. 

Sec. 2. The city clerk shall file a certified copy of this ordinance with 

the county clerk of the county of , and State of Illinois, on or before 

the day of , A. D. 18 — , so that the tax may be by him ex- 
tended on the Collector's books for said year, agreeable to the statute in 
such case made and provided. 

Sec. 3. This ordinance shall be known as ordinance No. — . 

Passed , 18 — . 

Approved , 18 — . 

Published , 18—. 

( , — ' — * . A. B., Mayor. 

< e. s. V Attest: 

I w v -^ J c. D., City Clerk. 



DIV. H.] FOEMS — KULES OF PROCEEDING. 257 



III. FORMS OF RULES OF PROCEEDING FOR CITY COUNCILS 
AND BOARDS OF TRUSTEES. 

City Councils. — The law provides that the city council shall deter- 
mine its own rules of proceeding. See ante p. 29, \ 35. In the absence of 
special rules, as contemplated, a city council, like any other deliberative 
assembly, would, by force of usage, be goverened by the general princi- 
ples of parliamentary law, which are set forth at the close of this work, 
in a style adapted to smaller local assemblies, like city councils and boards 
of trustees. Special rules adopted by deliberative assemblies, operate as a 
modification of the general rules of parliamentary law to the extent pro- 
vided, the same as statute laws operate upon the common law. 

A deliberative assembly, composed of the number of members which a 
city council will necessarily have, will find it necessary to adopt rules of 
proceeding by which their deliberations may be regulated. There are 
many things which circumstances will require in their proceedings which 
are not met by the general rules of parliamentary law ; and there are fre- 
quently some of those general rules which it may be found expedient 
to modify or change to some extent. 

The following special rules of proceeding, which have been taken to 
some extent from those adopted by some of the larger cities of the state, 
are given here as a precedent from which a set of rules may be framed to 
suit any occasion : 

Form of rules of proceeding for city councils. 
[See ante p. 29, § 35.] 
ARTICLE I. 

OF THE BOARD. 

Section 1. Upon a call of the board, the names of the members shall 
be called in alphabetical order, and the absentees noted ; after which thv 
names of the absentees shall again be called over, and those who do not 
appear may be sent for by a special messenger or the marshal, and may, 
by him, be taken into custody wherever found. 

Sec. 2. When a member shall be discharged from custody, the board 
shall determine whether such discharge shall be with or without defraying 
the expense of the special messenger. 

ARTICLE II. 

OP THE MAYOR. 

Section 1. The mayor shall take the chair precisely at the hour of 
meeting, and immediately call the members to order, 

Sec. 2. He shall preserve decorum and order ; he may speak to points 
of order in preference to members of the board, and shall decide questions 
of order, subject to an appeal to the board by any member ; on which 
appeal no member shall be permitted to speak more than once. 

Sec. 3. He shall examine and correct the minutes of the proceedings of 
the board before they are read. 

17 



258 CITIES AND TILLAGES. [DIV. II. 

ARTICLE III. 

OF COMMITTEES. 

Section 1. Ten standing committees shall be appointed, to-wit : 

1. A committee on ways and means. 

2. A committee on streets and alleys. 

3. A committee on grades and drains. 

4. A committee on claims. 

5. A committee on tire department. 

6. A committee on railroads. 

7. A committee on public buildings and public grounds. 

8. A committee on waterworks. 

9. A committee on police. 

10. A committee on ordinances. 

Sec. 2. It shall be the duty of the committee on ways and means to 
take into consideration all such reports and propositions relating to the 
city treasury, as may be referred to them by the board; to inquire into 
the state of the city debt, its finances, revenue and expenditures. They 
shall report such provisions and arrangements as may be necessary, touch- 
ing the city debt, finances, revenue and expenditures, and the appropria- 
tion of moneys, as will add to the economy of the different financial 
departments of the city, and secure the accountability and faithfulness of 
the different officers concerned therein. 

Sec. 3. It shall be the duty of the committee on streets and alleys to 

take into consideration all matters referred to them, touching the streets, 

. avenues, lanes and alleys of the city, and to report thereon to the board; 

to examine the different streets, avenues, lanes and alleys of the city, and 

report to the board the actual condition, changes or alterations that may 

be required in any of them; the repairs, alterations or improvements that 

;are needed in any of the pavements, and report such amendments as are 

necessary to render the ordinances relating to the streets, avenues, lanes 

: and alleys of the city as perfect as possible. 

Sec. 4. It shall be the duty of the committee on grades and drains to 
take into consideration all matters referred to them, relative to the grade 
or drainage of all i^laces in the city, and report thereon to the board ; to 
• examine all streets, lanes, avenues, alleys, or other places of the city, and 
report to the board the actual grade and drainage of the same, and the re- 
pairs, alterations or improvements necessary to be made in any of them, 
in order to obtain a practical and thorough system of grades and drainage 
for the city. 

Sec. 5. It shall be the duty of the committee on claims to examine into 
and report upon all claims against the city referred to it by the board. 

Sec. 6. It shall be the duty of the committee on fire department to 
take into consideration all matters referred to them in relation to the fire 
companies of the city, and report thereon without delay. 

Sec. 7. It shall be the duty of the committee on railroads to examine 
into the condition of railroad tracks and crossings, and to report and to 
recommend measures tending to improve the comfort and security of the 
city, and of all others in the city, exposed to the operation of railroads. 

Sec. 8. It shall be the duty of the committee on public buildings and 
public grounds to take into consideration all matters referred to them, 
touching the building or grounds belonging to or used by the city, and all 
i other improvements or public places not specially committed, by these 



DIY. II.] FORMS — RULES OF PROCEEDING. 259 



rules to some other committee, and report to the board thereon, when re- 
quired, the actual condition of the same, the changes or alterations re- 
quired in any of them, and what further improvements of any kind, in 
their opinion, are necessary for beautifying the same, to the well-being of 
the city. 

Sec. 9. It shall be the duty of the committee on waterworks to take 
into consideration all matters referred to them relating to the providing of 
the city with all water necessary for the use of the inhabitants thereof, 
the sprinkling of the streets and the suppression of fires, and report to the 
board suitable plans for the prompt establishment of the same. 

Sec. 10. It shall be the duty of the committee on police to take into 
consideration all subjects referred to them, and to report the actual condi- 
tion of the police, together with all the alterations and improvements that 
may be deemed necessary for the proper control and efficient workings of 
the police department. 

Sec. 11. It shall be the duty of the committee on ordinances to con- 
sider all matters referred to them, and to report thereon to the board. They 
shall examine all ordinances ordered to be engrossed or enrolled, correct 
all clerical, orthographical, grammatical or other errors, and arrange the 
punciuation before they are returned to the board. 

Sec. 12. Each standing committee shall consist of five members. 

Sec. 13. Each select committee, unless otherwise ordered, shall consist 
of three members. 

Sec. 14-. The report of a committee shall be read by the clerk, and be- 
come, without debate, a part of the miuutes of the meefing at which it is 
offered, unless for special reasons it shall be recommitted. 

Sec. 15. No committee shall sit during the sitting of the board without 
special leave. 

Sec. 16. Whenever a resolution is presented to the board by any mem- 
ber, he may, at his option, before any amendment is made, or question 
taken on it, request that it may lie over until the next meeting of the 
board ; in which case it shall have precedence of the regular orders of the 
day, and shall be considered as the unfinished business of the board. 

ARTICLE IV. 

ON ORDINANCES. 

Sec. 1. Every bill or ordinance shall be read at two different meetings 
of the board. 

Sec. 2. The first reading of a bill shall be for information ; and if oppo- 
sition be made to it, the question will be "shall this bill be rejected." 

Sec. 3. Upon the first reading of a bill, the chairman shall state that it 
is ready for committment; if committed, then the question shall be 
whether to a select or standing committee, or to a committee of the whole 
board. 



ARTICLE V. 

OF THE ORDER OF THE BUSINESS OF THE BOARD. 

Section 1. On the appearance of a quorum and the call of the roll, the 
minutes of the proceedings of the preceding meeting shall be read. 



260 CITIES AND VILLAGES. [DIV. II. 

Sec. 2. After the minutes are read, business shall be disposed of in the 
following order: 

1. Reports from city officers. 

2. Petitions, memorials and remonstrances. 

3. Reports from standing committees. 

4. Reports from select committees. 

5. Propositions and motions. 

6. Second reading of bills. 

7. Bills, reports and other business lying on the table. 

8. Other business of the board. 

9. Unfinished business. 
10. The orders of the day. 

Sec. 3. The chairman shall, at each meeting, announce to the board 
the business, in order agreeably to the preceding rule. 

Sec. 4. No business shall be taken up or considered until the class to 
which it belongs shall be declared in order, and no business other than 
reports from city officers filed with the city clerk, shall be acted upon or 
considered in its class, unless presented by a member of the council, and 
then only upon the members in alphabetical order. 

ARTICLE VI. 

OP PROCEEDINGS, DECORUM AND DEBATE. 

Section 1. When any member is about to speak in debate, and deliver 
any matter to the board, he shall rise from his seat and respectfully ad- 
dress himself to the presiding officer as " Mr. President;" he shall confine 
himself to the question under debate, and avoid personalities. 

Sec. 2. When two or more members shall rise at once, the chairman 
shall name the member who is to speak first, the other rising having the 
preference to speak next. 

Sec. 3. When a motion or resolution is made and seconded, it shall be 
handed to the chairman and read aloud by the clerk before it is debated. 

Sec. 4. No motion or resolution shall be stated or debated until it is 
seconded, and when stated by the chairman, or read by the clerk, shall be 
deemed in possession of the board, but may be withdrawn at any time 
before decision or amendment. 

Sec. 5 Every resolution shall be reduced to writing. 

Sec. 6. No new motion or proposition shall be admitted, under color of 
amendment, as a substitute for the motion or proposition under debate. 

Sec. 7. When a question is under consideration, no motion or proposi- 
tion shall be received but : 

1. To adjourn. 

2. A call of the board. 

3. To lie on the table. 

4. The previous question. 

5. To commit to a standing committee. 

6. To commit to a select committee. 

7. To amend. 

8. To postpone to a time certain. 

9. Within the present meeting. 
10. To postpone indefinitely. 

Which several motions shall have precedence in the order in which they 
are arranged. 

Sec. S. A motion to adjourn shall always be in order, unless a member 
is speaking, and shall be decided without debate, and no member shall 
leave his seat until the result is declared by the chair. 



DIY. II.] FORMS — RULES OF PROCEEDING. 261 



Sec. 9. The previous question shall be in this form: "Shall the main 
question be now put? 77 It shall only be admitted when demanded by a 
majority of the members present, and until it is decided, shall preclude 
all amendment and further debate, and shall be decided without debate. 

Sec. 10. Any member may call for a division of the question when the 
.sense will admit of it. 

Sec. 11. A motion for an amendment, until decided, shall preclude all 
further amendment to the main question. 

Sec. 12. Motions and reports may be committed at the pleasure of the 
board. 

Sec. 13. When the reading of a paper is called for, and the same is 
objected to by any member, it shall be determined by a vote of the board. 

Sec. 14. No member shall speak more than twice on the same question 
without leave of the board, nor more than once until every member choos- 
ing to speak shall have spoken, nor more than fifteen minutes at a time. 

Sec. 15. If any member in speaking or otherwise, shall transgress the 
rules of the board, the chairman, or any member, may call him to order, 
in which case the member called to order shall immediately sit down, un- 
less permitted to explain, and the board shall, if appealed to, decide the 
case, but without debate. If there be no appeal, the decision of the chair 
shall be submitted to. If the decision be in favor of member called to 
order, he shall be at liberty to proceed; if otherwise, and the case requires 
it, he shall be liable to the censure of the board. 

Sec. 16. All questions shall be propounded in the order in which they 
are moved, except privileged questions. 

Sec. 17. In filling up blanks, the largest sum and longest time shall be 
put first. 

Sec. 18. Whilst the chairman is putting any question, or addressing 
the board, no one shall walk out or across the room in which the board is 
sitting, nor, in such case, or when a member is speaking, or the clerk 
reading the minutes, shall any member entertain private discourse. 

Sec. 19. Questions shall be distinctly put in this form : "All in favor 
of (as the question may be) say aye; and after the afhmative voice is ex- 
pressed: "All opposed say no." 

Sec. 20. No member shall vote on any question if he was not present 
when the question was put, except by leave of the board. 

Sec. 21. Every member who shall be present when a question is put, 
shall give his vote unless the board, for special reasons, shall excuse him; 
and no member shall vote except in his seat. 

Sec. 22. When a question is postponed indefinitely, the same shall not 
be acted upon again at the session at which it was postponed. 

Sec. 23. When a motion has once been made and carried in the affirm- 
ative or negative, it shall be in order for any member who voted on that 
side which prevailed, to move for a reconsideration thereof at the same 
meeting, or at the next meeting of the board, but not thereafter nor at 
any time after the paper on which the vote was given is out of the posses- 
sion of the board; but no question which has been once decided and re- 
considered and decided a second time shall again be considered. 

Sec. 24. On taking the yeas and nays on any question, the names of 
the members shall be called by wards in numerical order, each member 
shall answer from his seat, and the absentees noted, and the names of the 
absentees again called over. 

Sec. 25. All questions relating to the priority of business to be acted 
upon shall be decided without debate. 

Sec. 26. No member of the board shall be allowed to speak, offer a 
resolution, make a report, or introduce an ordinance, except in his place. 



262 CITIES AND VILLAGES. [DIY. II. 

ARTICLE VII. 

OF COMMITTEES OF THE WHOLE BOARD. 

Section 1. It shall be a standing order for the board, during the year 
for which they are elected, to resolve themselves into a committee of the 
whole board on the state of the city. 

Sec. 2. In forming a committee of the whole board, the chairman shall 
leave the chair, and a chairman to preside in committee shall be appointed 
by the chairman. 

Sec. 3. Upon a bill being committed to a committee of the whole board, 
the same shall be first read throughout by the clerk, and then again read 
and debated by sections, leaving the preamble to be last considered ; and 
after report, the bill shall again be subjected to debate and amendment by 
sections, before a question is taken for engrossment. 

Sec. 4. All amendments made to an original motion in committee, 
shall be incorporated with the motion and so reported. 

Sec. 5. All amendments made to a report, resolution or other matter, 
committed to a committee of the whole board, shall be voted and reported, 
as in case of bills. 

Sec. 6. The rules of proceeding in the board shall be observed in com- 
mittee of the whole board, as far as they are applicable. 

Sec. 7. A majority of the members elected shall be a quorum to do bus- 
iness in committee of the whole board; and if at any time, a sufficient 
number shall not be present in committee of the whole board, the com- 
mittee shall rise, the chairman shall resume his chair, and the chairman 
of the committee report the cause of the rising of the committee. 

Sec. 8. A motion for the rising of the committee shall always be in 
order, unless a member is speaking, and shall be decided without debate. 

ARTICLE VIII. 

ON AMENDING RULES. 

Section 1. No standing rule or order of the board shall be rescinded or 
changed, or new rules introduced, unless notice of the motion therefor 
shall have been given at a preceding meeting. 

Sec. 2. No standing rule or order of the board shall be dispensed with 
or suspended, unless a majority of the members elected concur therein; 
and all motions for that purpose shall be limited to the question or propo- 
sition then pending. 

Board of Trustees. — A board of trustees of a village being a small 
body, do not in their deliberations require the observance of rules of order 
to that extent as city councils, composed of larger numbers of members. 
They are more in the nature of an executive board, in which the applica- 
tion of parliamentary rules are not so much of a necessity in facilitating 
business. Yet it will be perfectly consistent for such boards, if they think 
proper, to observe all the rules of parliamentary law, the same as in a city 
council. Indeed, their mode of proceeding, in many respects will, from 
the nature of the case, be the same as that of a city council. All questions 
are to be settled by the votes of members, either viva voce or by yeas and 
nays. The board should be divided into appropriate committees, who will 



DIV. H.] FORMS — RULES OF PROCEEDING. 263 

report matters referred to them from time to time the same as in a city 
council, and subject to the same rules. Business before the board will be 
introduced by members on motions or otherwise as in other cases of delib- 
erative assemblies. The following is suggested as a short form of rules of 
order, which may serve for boards of trustees, or city councils, with a 
small number of members. 

In the following precedent the words "mayor" and "city council" are 
used, which in case of being adapted to villages, the words "president" 
and "board of trustees," or "board," can be substituted to suit the 
occasion : 

Short Form of Rules of Proceedings for City Councils and Boards of 

Trustees. 

1. The president shall take the chair at the hour to which the council 
shall have adjourned, and call the members to order. If a quorum be 
present he shall cause the journal of the last meeting to be read. 

2. The president shall preserve order and decorum ; may speak to 
points of order in preference to any other member, and shall decide ques- 
tions of order subject to an appeal to the city council by any two mem- 
bers ; on which appeal no member shall speak more than once, unless by 
leave of the city council. 

3. Every question or motion when seconded, shall be stated by the 
president distinctly, before it is open for debate. When a question is put, 
if the president doubt or a division is called for by any member, the coun- 
cil shall decide. The president may call any member to perform the 
duties of the chair ; but such substitution shall not extend beyond an 
adjournment. 

4. All committees shall consist of three members, except the commit- 
tees on finance, streets and alleys, claims and on schools, which shall con- 
sist of five members, and shall be appointed by the mayor. 

5. Every member, previous to his speaking, shall rise from his seat and 
address the presiding officer as "Mr. President," — but shall not proceed 
with his remarks until named and recognized by the chair. 

6. If any member transgress the rules of the city council, the presi- 
dent or any member may call him to order, and when called to order the 
member shall take his seat, unless permitted to explain. 

7. No member shall speak more than twice on the same question, unless 
permitted by the city council. 

8. Every member, when a question is taken, shall vote, unless excused 
by the city council, unless he may be directly interested in the question, 
in which case no member shall vote ; and every motion shall be reduced 
to writing, if the president or any member desire it. 

9. After a report is made or a motion stated by the president, it shall 
be deemed in possession of the city council, but it may be amended or laid 
on the table, or withdrawn at any time before the question is taken. 

10. When a question is under consideration, no motion shall be re- 
ceived but to adjourn ; lie on the table ; the previous question ; postpone 
to a certain day; to commit; to ameud; or postpone indefinitely — which 
several motions shall have precedence in the order in which they are 
arranged. A motion to adjourn shall always be in order, and be decided 
without debate. 



264 CITIES AND VILLAGES. [DIV. IL 



11. A motion for the "previous question," to lay the question on the 
table, or to commit it until it is decided", shall preclude all amendment 
and debate of the main question ; and a motion to postpone a question in- 
definitely, or to adjourn it to a certain day, shall, until it is decided, pre- 
clude all amendments to the main question. 

12. The "previous question' 7 shall be as follows: "Shall the main 
question now be put?" 

13. When a blank is to be filled, and different sums or times proposed, 
the question shall first be put upon the largest sum and the longest time. 

14. The ayes and nays shall be taken upon the passage of all ordinances, 
and on all propositions to create any liability against the city, or for the 
expenditure or appropriation of its money, and in all other cases at the 
request of any member, and shall be entered on the journal of its proceed- 
ings, and the concurrence of a majority of all the members elected in the 
city council shall be necessary to the passage of any such ordinance or 
proposition. (1) 

15. Every ordinance shall be read when introduced, and lie over until 
a future meeting, and be printed with the proceedings before the same 
shall be passed. 

16. When any standing or special committee shall be appointed, the 
clerk shall deliver the names of the committee to the chairman of the 
same on the day after their appointment, and the chairman shall call them 
together, and when a quorum of the committee is present, it shall transact 
such business as may come before it. 

17. All standing and select committees, to whom any matter may be 
referred, shall report thereon in writing giving the facts and their opinion 
thereon, and said report shall be signed by a majority of said committee. 

18. When a question before the city council contains several distinct 
propositions, any member may call for a division of the question, so as to 
take the vote on each proposition separately. 

19. All petitions addressed to the city council shall be in writing, and 
filed by the clerk, unless withdrawn byleave of the council. 

20. All reports made by committees, and all resolutions adopted by the 
city council, shall be filed and preserved by the clerk. 

21. In all cases when a resolution or motion shall be entered on the 
minutes of the city council, the name of the member moving the same 
shall also be entered on the minutes. 

22. No bill shall be allowed unless the same has been filed in the office 
of the city clerk on the Thursday preceding the regular monthly meeting 
of the council, and sworn to by the party claiming the same : Provided, 
that this rule shall not apply to money allowed by ordinance. 

. 23. No officer appointed by the mayor, or by any member or members 
of the city council, shall be confirmed if in arrears for any tax due the 
city of . 

24. The ayes and nays shall always be taken on a motion to adjourn. 

25. The above rules of procedure and order of business shall be adhered 
to invariably by the city council, unless the same shall be temporarily 
suspended by unanimous consent. 

26. All new business, introduced at any meeting, shall be referred to 
the appropriate committee, or lay over until the next meeting. This rule 

shall never be suspended unless members of the council vote for 

suspension. 

(1) Taking the yeas and nays on the passage of ordinances is regulated by the act concern- 
ing cities and villages. No rule on this subject is necessary when cities and villages are organ- 
ized under said act. See p. 30, 1 41. 



diy.il] forms— rules of proceeding. „ 265 



27. Tlie following standing comniittees shall be annually appointed 
under rule 4th, viz : 

1. Finance. 9. Real estate. 

2. Streets and alleys. 10. Police. 

3. Claims. 11. Public buildings,, 

4. Schools. 12. ±i ire department. 
5. " Ordinance. 13. Gas. 

6. Markets. 14. Levee. 

7. Railroads. 15. Water works, 

8. Health. 

ORDER OF BUSINESS. 

1. Petition. 

2. Reports of officers. 

3. Special written communications. 

4. Reports of standing committes. 

5. Reports of select committees. 

6. Unfinished business. 

7. Motions, resolutions, etc., on call of roll by wards. 



DIV. H.] PARLIAMENTARY LAW. 267 



IV. GENERAL RULES OF PARLIAMENTARY LAW, APPLI- 
CABLE TO CITY COUNCILS AND BOARDS 
OF TRUSTEES. 

Parliamentary Law consists of rules which are recognized as gov- 
erning proceedings in deliberative assemblies. It is so called from the 
rules of order existing from long established usage in the Parliament of 
England. The legislative assemblies of the several states, and the legis- 
lative branch of the general government of the United States, being formed 
upon the principle of the English Parliament, have adopted the like rules 
for their government, and by general custom in this country, these rules 
are recognized in all deliberative assemblies. Legislative assemblies, how- 
ever, for the purpose of certainty, generally adopt by express vote, the 
rules of parliamentary law, as expounded by some particular writer on the 
subject, qualified as circumstances may demand, by various rules of their 
own. A deliberative assembly is a congregation or convention of persons 
for the consideration of matters in which all are concerned. 

Public Meetings. — In many of the states of the Union, counties are di- 
vided into several districts called towns or townships, the inhabitants 
thereof becoming a body corporate. The law provides for stated meetings 
of the electors, called town meetings, for the consideration of town affairs. 
In the absence of any provision to the contrary, these assemblies conduct 
their proceedings according to the rules of parliamentary law. Boards of 
supervisors as constituted by the laws of Illinois, in counties under town- 
ship organization, are deliberative assemblies, and their proceedings are 
conducted according to general parliamentary rules. 

City councils are likewise deliberative assemblies, and in conducting 
their proceedings the rules of parliamentary law are applicable as in other 
cases of deliberative assemblies. And such rules may with propriety also 
be applied to boards of trustees of villages, although composed of a smaller 
number of members than are usually in a city council. The necessity for 
a strict observance of such rules in a body of small number of members, 
does not however exist to that extent as in case of bodies of large numbers. 
Parliamentary law applies only to bodies acting and conducting their pro 
ceedings as deliberative assemblies. 

Public meetings by voluntary assent are of daily occurrence. These 
meetings are sometimes convened at the instance of committees appointed 
for that purpose ; and are frequently convened at the request of citizens 
who desire such meeting, on public notice, either by hand-bill notices 
posted, or by notice in a newspaper. 

Organization of Public Meetings. — The first business at a public meeting 
is its organization. This is effected by choosing a presiding officer to keep 
order, and a secretary to record the proceedings of the meeting, after which 



268 CITIES AND YILLAGKES. [DIY. IL 

it is competent for the meeting to choose such other officers as may be 
deemed necessary. In case the meeting is composed of a very large num- 
ber of persons, the presiding officer is called president; if not he is usually 
styled chairman of the meeting. 

When the people have assembled, and the hour of meeting arrives, the 
meeting should be called to order. In case the meeting has been convened 
at the instance of a committee, the chairman or person first named on the 
committee should call the meeting to order. In case it was convened at 
the instance of citizens, the first named on the list should assume this 
duty, otherwise, the proper person for this purpose, would be the mayor of 
the city, or principal j)ublic officer, or most prominent person present. 

The person calling the meeting to order should take such position in the 
room as to command the attention of the audience, and announce as fol- 
lows : " Gentlemen, the hour at which this meeting is to convene having 
arrived, it is proposed that we proceed to organize ; I therefore nominate 
Mr. A. B. as chairman." The nomination being seconded, he proceeds: 
" Gentlemen, those who are in favor of such nomination, will say ' aye ' ; 
those opposed will say 'no'." The vote being taken, if carried in the 
affirmative, he will say, " It is carried," or " it is agreed to ; Mr. A. B. is 
chosen chairman of this meeting ; will he please come forward and take 
the chair?" 

If the meeting is deemed one of importance, so that the position of 
chairman would be deemed one of considerable honor, it is customary for 
the presiding officer to return thanks to the meeting for the honor con- 
ferred ; this he will do on taking the chair. 

As every deliberative body should have a secretary, the chairman will 
say, " Gentlemen, the first business in order will be the election of a sec- 
retary." If no other person moves, the person who called the meeting to 
order should also nominate a secretary ; but any person present may make 
such nomination. 

The secretary being chosen, the further business will be directed by the 
meeting. If the meeting is called for some particular purpose, it is proper 
in selecting a chairman to choose some person best acquainted with the 
object of the meeting ; if this is the case, the chirman should proceed after 
~the election of secretary, and state the object of the meeting. If not, he 
should say, " The chair is not fully advised as to the object of this meeting, 
it will be proper that the object of the meeting be stated by some person 
to whom it is best known." It will be generally understood who this per- 
son is, and a motion may be made calling on him for that purpose, or he 
may be called out by several voices. 

It will be proper for the meeting to choose one or more vice-presidents, 
and one or more assistant secretaries. This is done where the meeting is 
large— generally as a means of manifesting the importance of the occa- 



DIY. II.] PARLIAMENTARY LAW. 269' 

sion. Tliey will also choose such committees as may be deemed nec- 
essary. 

When an assembly is composed of delegates chosen by and representing 
others, the organization is, in the first instance, considered temporary, 
upon which measures are taken to ascertain who are members; this is 
usually done by the appointment of a committee to examine the creden- 
tials of those claiming to be members, and to report accordingly. 

Until this is done there is a presumption that all present who assume to 
take part in the assembly, are entitled to do so, as it is supposed that no 
gentleman would be guilty of imposition in this respect. At the time of 
appointing the committee on credentials, it is customary also to appoint a 
committee to report the names of persons for permanent officers of the 
assembly or convention. 

After the report Of the committee on credentials is adopted, the assem- 
bly, on motion of some member, proceeds to the election of x^ermanent 
officers. If the names of candidates have been recommended by a com- 
mittee, the adoption of their report is regarded as making choice of the 
persons they have recommended. In the case of an assembly composed 
of delegates, unless it is an important occasion, it is not customary for the 
temporary chairman to return thanks to the convention, or to allude to 
the object of the meeting ; he simply acts as moderator for the time being, 
for the purpose of organization. 

It is proper that the permanent chairman, or president, on assuming 
his duties, should express his thanks for the honor conferred upon him, 
and state in general terms the object of convening the assembly. 

In case the assembly or convention of delegates is small, it is customary 
to consider the temporary organization as permanent from the beginning. 

When the organization of the meeting is completed by the election of 
officers, the chairman should announce, " The meeting is now fully organ- 
ized, and ready to proceed to business." If no motion is made or business 
presented, it is proper for the chairman to say, " What is the pleasure of 
the meeting?" And at any time when there is no business before the 
meeting and there is no indication of presenting anything, the chairman 
should announce, " Gentlemen, there is no queslion before the meeting; 
what is your further pleasure ? " 

Manner of presenting business. — Every member of a deliberative body, 
in the absence of express rule to the contrary, has the right to present 
propositions for the action of the assembly. This is by a simple motion or 
by formal resolution. But where the object of the meeting is of a general 
nature, or where the subject does not seem to have been duly matured by 
any one present, it is customary to appoint a committee to prepare and 
report resolutions expressive of the sense of the meeting. When a mem- 
ber desires to present a proposition for the action of the assembly which is 
of importance, it should properly be reduced to writing ; such propositions 



270 CITIES AND TILLAGES. [DIY. II. 

are called resolutions, and commence thus: "Resolved, That." But a 
matter of less importance may be by a mere motion, which need not be in, 
writing unless for purpose of certainty in conveying the ideas of the 
mover. 

Motions, and manner of proceeding. — A motion is simply a proposition 
of a member, as his individual sentiments. If the proposition offered pre- 
vails, it is then adopted as the conclusion or sense of the assembly. 

But the proposition by a single member is not considered sufficient to 
claim attention from the assembly ; it is therefore required that it shall be 
approved or seconded by one other member. This being done, the mover 
is entitled to have it put to the assembly. In general practice, however, 
all motions are presumed to be seconded, unless the point is made and 
found to be otherwise ; in which case the presiding officer could not prop- 
erly take notice of the motion. 

In general no proposition or question can be acted upon except on motion 
of a member. The manner of proceeding is for the member to rise in his 
place, and say, "Mr. Chairman." Before he can proceed it is expected 
that he will have the permission, or as it is termed "recognition of the 
chair." The chairman therefore responds: "The gentleman from," 
naming the district from which he is a delegate, or, "the gentleman on 
my right," or similar designations. The rule in deliberative assemblies 
being that no member shall be addressed or spoken of by his name where 
it can be avoided. The person offering the motion, being recognized by 
the chair, proceeds, "I move, sir, that," stating his motion. The member 
desiring to second the motion should rise and say, " I second the motion." 
Before any remarks upon the motion or proposition are in order, it must 
be stated by the chair. The chairman should say, "Gentlemen, it is 
moved that" (stating the substance of the motion). It is sometimes the 
practice for the chairman to say, "Gentlemen, you have heard the mo- 
tion," and then proceed to put the question. But this is improper; a 
motion is not the property of the assembly, or, in other words, not a sub- 
ject before them, until it is stated by the chairman. 

When a motion is made and seconded, it becomes the property of the 
assembly, and cannot be withdrawn or modified by the mover except by 
leave of the assembly, on a motion made for that purpose. 

After the chairman has stated a motion, which he may do without 
rising, if no member interposes, he should proceed promptly to put the 
question to the assembly ; this he does by rising, when he will say, " Gen- 
tlemen, those in favor of the motion will say aye" — "those opposed will 
say no." If it is decided in the affirmative, he will say, " The motion has 
prevailed," or, "It is carried." If it is decided in the negative, he will 
say, "The motion is lost," or, " It is decided in the negative." 

After the vote has been declared by the presiding officer, it becomes final. 
Sometimes, when the vote is nearly equal, it is difficult to determine 



DIV. n.] PARLIAMENTARY LAW.. 271 

which has prevailed. In such case the presiding officer should not hastily 
announce the vote. He should say, " The ayes seem to have it," or, "The 
noes seem to have it," as the vote may appear. If no member interposes, 
he may then proceed and declare the vote as it seems to. him to be. 

But if any member doubts the vote as the chairman states that it seems 
to be, he may rise and call for a division of the house. This may be done, 
as the call indicates, by dividing the members of the assembly — by hav- 
ing those who vote in the affirmative stand on one side of the room, and 
those in the negative on the opposite side; or by the "up-lifted hand," 
— the latter is the most usual — or simply by rising. In either case the 
chairman will direct the secretary to count the votes on each side, and 
report to him the result. The most usual and satisfactory course is by 
rising. 

When a member calls for a division of the house, in the absence of any 
express rule made by the assembly on the subject, the presiding officer 
should proceed thus : "A division is called for ; all those in favor of the 
motion will rise in their place and stand until counted. ' ' When those in the 
affirmative are counted, and the number is reported to the chairman, he 
will announce the number and say : "All those opposed to the motion will 
in like manner rise and stand until counted," which being done, the chair- 
man announces the number, and declares the motion carried or lost accord- 
ing to the fact. It is perhaps the duty of the chairman to count the vote, 
but it is competent for him to direct the secretary to do so. 

In case any member desires it, he may, at any time before the vote is 
declared by the chairman, call for the appointment of tellers to count and 
report the result of the vote, instead of leaving it to the chairman. This 
is done by the chairman on request of any member. It is customary to 
appoint one person from each side, or each party in the assembly. When 
a division is desired, it must be called for before the result has been finally 
declared by the chairman. After he has declared the vote, it is final, and 
a division cannot be called for. 

Motions in General. — When a motion is made which the members 
are inclined to meet by a direct vote, on the merits, it is put to the assem- 
bly, either at once or after debate, and disposed of. But as propositions 
may strike different minds in different forms, it often occurs that the as- 
sembly, on motion of some member, will dispose of the question in some 
other manner ; for this purpose there is a class of motions resorted to, 
called subsidiary motions, which may be entertained while the original or 
principal motion is pending, thus : 

1. The assembly may desire to suppress the proposition, either for a 
time or altogether. . The proper subsidiary motions for this purpose are the 
previous question and indefinite postponement. 



272 CITIES AND VILLAGES. [DIV. II. 

2. The assembly may be willing to consider the proposition, but not at 
that time. The usual motions in such case are, postponement to some fu- 
ture time, or to lie on the table. 

3. The form in which the proposition is submitted may be considered 
defective in some particular, a correction of which may require more de- 
liberate consideration than the assembly can conveniently bestow upon it. 
In such case the proper motion is to refer the proposition to a committee. 

4. The proposition of itself may be satisfactory, if changed or qualified 
in some particular. In this case the proper motion is to amend. 

The previous question. — The practice under this motion has not been 
uniform. In legislative assemblies it is generally regulated by rules pre- 
scribed ; the usual course, however, in the absence of express rules, is this: 
When a member desires a vote to be taken on a proposition without further 
debate or delay, he moves the previous question, this being seconded, the 
presiding officer says : "The previous question is moved. Shall the main 
question be now put ? Those in favor will say 'aye' — those opposed will 
say 'no.' " If carried in the affirmative, he will say, "The main question 
is ordered." In this case the assembly must come to a direct vote on the 
main question, without debate, and no motion can be entertained to dis- 
pose of the question in any other manner ; the main question is the origi- 
nal proposition, with pending amendments, if any, each of which is to be 
disposed of in its proper order. (1) 

Indefinite postponement. — This motion is decided without debate. If in 
the affirmative it removes the question from before the assembly as effectu- 
ally as if it never had been pending. A motion to postpone to a day beyond 
i he sitting of the assembly is of the same effect as indefinite postpone- 
ment. 

Motion to postpone.— When it is desired to consider a proposition at 
some future day, the proper motion is to postpone or lay on the table. In 
either case the subject may be taken up subsequently by a vote of the 
assembly. 

Motion to commit. — When it is desired to render a proposition more per- 
fect before consideration, it is usually done by referring it to a committee. 
If there is a standing committee on that subject, the motion should be to 
refer to that committee. If not, then to a select committee. A motion to 
refer to a select committee, and a standing committee, may be made and 
pending at the same time ; in which case, the latter motion takes preced- 
ence, and should be first put to the question. A part or the whole of a 
subject may be referred ; or portions may be referred to several different 
committees. 

(1) If the motion for the previous question is lost, or decided in the negative, the general rule is 
stated to be, that the main question is taken out of the assembly for the day. so that there is then 
nothing before it to postpone, commit, or amend. Cushings Manual. § 175. But in Illinois the 
practice is that the main question is still pending as if no vote had been taken. 



DIV. II.] PARLIAMENTARY LAW. 273 

Motion to Amend.— Amending a proposition is either by adding 
words, or taking words from it, or by transposition of words. This is 
accomplished under different modes of proceeding. Under this head may 
be classed the following : 

1. Filling blanks. — It often happens that propositions are introduced, 
leaving blanks to be filled by the assembly, either with times and num- 
bers, or with provisions analogous to those of the proposition itself. In 
the latter case, blanks are filled in the same way that other amendments 
are made, by the insertion of words. In the former, propositions to fill 
blanks are not considered as amendments to the question, but as original 
motions, to be made and decided before the principal question. 

In case of blanks to be filled with time and number, motions may be 
made for that purpose, and the question taken on each by itself. Several 
motions for this purpose may be made and pending, before any of them 
are put to the question. The usual rule is to take the question, first, on the 
highest number, the largest sum, and the longest time.. 

2. /Striking out. — If an amendment is proposed by striking out a para- 
graph or certain words, and it is rejected, it cannot be again moved to 
strike oat the same words, nor a part of them; but it may be moved to 
strike out the same words with others, or to strike out a part of the same 
words with others, provided it becomes thereby a different proposition. 

3. Amendment by inserting. If an amendment is proposed by inserting 
or adding a paragraph or words, and it is rejected, it cannot be again 
moved to insert the same words, Or a part of them ; but it may be moved 
to insert the same with others, or a part of the same words with others, if 
the coherence really make them different propositions. 

4. Striking out and inserting. — This combination of propositions may 
be divided by a vote of the assembly. When the proposition is divided, 
the question is first to be taken on striking out ; if that prevails, then 
on inserting ; if the former is decided in the negative, the latter fails of 
course. 

5. Division of a proposition. — Where a proposition is composed of two 
or more parts, which are susceptible of division into several questions, it 
is a compendious mode of amendment to divide the motion, if deemed 
advisable, into separate questions to be separately voted upon. This may 
be done by order of the assembly, on motion, as in other cases. 

The question as divided becomes a series of independent propositions. 
Assemblies sometimes provide by express rule for the division of a ques- 
tion on demand of a member. 

6. Amendment to an amendment. — Custom or usage has established a 
rule whereby a proposition may be entertained to amend an amendment, 
but there can be no amendment of an amendment to an amendment. 

18 



274 CITIES AND VILLAGES. [DIV. II. 

Of the Order and Succession of Questions.— It is a general 
rule that where a proposition is pending before a deliberative assembly no 
•other can be entertained until that is disposed of, unless it be either : first, 
a privileged question ; secondly, an incidental question ; or, thirdly, a sub- 
,-sidary question or motion. 

1. Privileged questions. — Questions of this nature are : 1. Motions to 
adjourn. 2. Motions or questions relating to the rights and privileges of 
the assembly, or of its members individually. 3. Motions for the orders 
of the day. 

A motion to adjourn takes the place of all other questions whatever. It 
is not debatable, and ordinarily not susceptible of amendment. 

A motion to adjourn to a time fixed can be amended, by offering some 
'other time, and is debatable. 

Question of privilege come next in order, and take precedence of all 
other motions except that of adjournment. They are such as concern the 
rights and privileges of the assembly, or of its individual members. 

Orders of the day come thirdly in succession, under the head of priv- 
ileged questions. When the consideration of a subject has been assigned 
for a particular day, by an order of the assembly, the matter so assigned 
is called the order of the day for that day. 

2. Incidental questions. — These are such as arise 'out of other questions, 
consequently are to be decided before those which give rise to them. Of 
this nature are: 1. Questions of order; 2. Motions for the reading of 
papers, etc. ; 3. Leave to withdraw a motion ; 4. Suspension of a rule ; 5. 
Amendment of an amendment. 

Questions of order are those questions raised by any member as to a 
breach of any rule occurring. It is the privilege of any member to raise 
questions of order in such cases. 

Beading of papers brought before a deliberative assembly may be called 
for by any members who desires the reading. 

Withdrawal of motions is allowed on the part of the mover, by leave of 
the assembly, which is to be obtained by a vote on motion as in other 
cases. 

Suspension of a rule of the assembly may be granted by a vote thereof. 
This is usually obtained at the instance of a member to consider a propo- 
sition which would otherwise not be in order. 

Amendment of an amendment is allowable, as we nave already seen ; 
the amendment to the amendment must be first put. 

3. Subsidary questions. — These, as before remarked, are those which 
relate to a principal motion. Subsidary motions in common use are: to 
lie on the table; the previous question ; postponement, either indefinitely 
or to a day certain ; commitment and amendment. 



DIY. H.] PARLIAMENTARY LAW. 275 

To lie on the table is a motion usually resorted to in common practice 
when the assembly desires to put a proposition aside without giving any 
expression upon its merits. It is not debatable nor susceptible of amend- 
ment. It takes precedence of and supercedes all other subsidary motions. 
If decided in the affirmative, all motions or propositions connected with 
the principal question, are removed with it from before the assembly, 
until taken up by a vote thereof. 

The previous question stands in equal degree with all other subsidiary 
motions, except the motion to lie on the table. 

The motion to postpone is either indefinite, or to a time certain ; and in 
both these forms may be amended ; — in the former by fixing a time cer- 
tain ; in the latter by substituting one time for another. The latter case 
is treated like filling blanks. 

A motion to commit, or recommit, may be amended by substitution of 
one kind of committee for another, or by enlarging or diminishing the 
number of the committee as proposed, or by instructions to the commit- 
tee. It stands in the same degree with the previous question and post- 
ponement — but it takes precedence of a motion to amend. 

A motion to amend stands in the same degree only with the previous 
question and indefinite postponement, and neither, if first moved, is su- 
perceded by the other. But it is liable to be superceded by a motion to 
postpone to a day certain. It may also be superceded by a motion to 
commit. 

The following example is given to illustrate the successive order of ques- 
tions: Suppose first a principal question is proposed, second, a motion is 
made to amend the principal question, third, a motion to commit, fourth, 
a question of order arises in the debate, which gives occasion to, fifth, a 
question of privilege, and sixth, a subsidiary motion, as to lie on the table. 
All these questions maybe pending at the same time, and take rank in the 
order named. The regular course of proceeding requires the motion to lie 
on the table to be first put. If this is negatived, the question of privilege 
is then settled ; after that comes the question of order, then the question of 
commitment ; if that is negatived, the question of amendment is taken ; 
and lastly, the main question. 

Of reconsideration. — A deliberative assembly may reconsider a vote 
already passed, whether affirmatively or negatively. For this purpose a 
motion is made, as in other cases, that such a vote be reconsidered ; if it 
prevails, the matter stands before the assembly in precisely the same state 
and condition as if the vote reconsidered had never been passed. In the 
absence of any express rule of the assembly, a motion to reconsider is made 
in the same manner as any other motion. 

Of committees.— The business of deliberative assemblies is facilitated by 
aid of committees ; they are of three kinds, select committees, standing 
committees and committee of the whole. 



276 CITIES AND TII^lAGES, [diy. n. 

Select committees are those appointed to consider a particular subject. 

Standing committees are those who are appointed to continue during the 
whole term of the assembly, to consider all matters of a certain character 
named during the time. 

A committee of the whole is a committee comprising all the members of 
the assembly to consider any subject referred to them. 

Select and standing committees, in the absence of any express rule or 
vote of the assembly, are appointed by the presiding officer. When a mo- 
tion is made for the appointment of a committee, the motion usually in- 
cludes the number of which it is to consist. If no vote is taken as to the 
manner of appointment, the presiding officer should proceed to appoint. 
It will be unnecessary for him to inquire of the assembly as to how they 
will have the appointment made; the fact that they have given no expres- 
sion on the subject implies that the appointment shall be made by the chair. 

The person first named on a committee is considered the chairman ; but 
in the absence of any rule to the contrary, the committee may make choice 
of some other person as chairman, if they desire to do so. 

When a committee have considered a proposition, they present the result 
to the assembly, which is called their report. It is usually in writing, and 
is announced to the assembly by the chairman, or some member of the 
committee selected for that purpose, who, rising in his place, says : " Mr. 
President" [or, Mr. Chairman, as the case may be~\ ' The committee to 
whom was referred the subject of [stating the matter referred] have had 
the same under consideration, and have instructed me to report that" 
\liere follows the report.] 

After the report is made, the proper motion is, on the reception of the 
report; but in practice the report is received without such motion, unless 
objection is made, in which case a formal vote is necessary. After the 
report is received, the committee are discharged without any action of the 
assembly. 

The report thereupon becomes the property of the assembly, and the 
question recurs on its adoption. The presiding officer will proceed and so 
state the question, without any formal motion being made. 

After a report is adopted, the recommendations of the committee become 
the sense of the assembly. 

Conclusion. — The foregoing is a brief summary of the general prin- 
ciples of parliamentary law for the regulation of proceedings in delibera- 
tive assemblies. Limited space does not admit of an extended treatise on 
the subject ; but sufficient has doubtless been given for ordinary purposes. 

In conducting proceedings in deliberative assemblies, much depends 
upon the presiding officer. According to the popular idea of such a func- 
tionary, he becomes little more than a graven image, or fixed statue, when 



DIV. II.] PARLIAMENTARY LAW. 277 

in fact he should be the niost active man in the assembly. He should 
have his attention in all directions as much as possible, at the same time, 
and be quick to recognize any member who rises and addresses him. As 
soon as a motion is offered he should proceed promptly, without hesitation 
or delay, and state it, in a full and clear voice. If no one rises to speak to 
it, he should proceed just as promptly to put the motion. It is no part of 
his duty to invite debate. 

An example of promptness and diligence on the part of the presiding 
officer gives spirit to the assembly, and business is conducted with more 
dispatch and greater satisfaction. 



INDEX 



Page. 
ACTIONS. (See Suits.) 

For violating ordinance, brought in 

corporate name 66 

Conviction for one violation no bar to 

another at .same time 66 

First process a summons 67 

When warrant shall issue 67 

AFFIDAVIT. 

On complaint for violation of ordi- 
nance 67 

Of persons posting or sending assess- 
ment notices 99 

To itemized statement of builder of 
sidewalk 182 

AGENT. 

Foreign insurance company — failure 

to report— penalty 84 

Pay to treasurer tax on premiums 84 

ALDERMEN. 

Number in city council in cities 28 

Term of office— vacancy— qualifica- 
tions 28 

Not to be interested in any contract 

with city... 29, 129 

Not eligible if he has been convicted 

of bribery, etc 29 

Not eligible if to office where salary 

payable out of city treasury 29 

Three may call special meeting of coun- 
cil at first election— classification... 33 
One elected annually for ea( h ward... 33 

Under minority plan 34 

When minority plan not adopted 34 

Term of office under 34 

Vacancy— how filled 34 

When may call special election 36 

To hob i no other ufhee under city gov- 
ernment .". 74 

Conservators of the peace 75 

Compensation of 76 

ANNEXING AND EXCLUDING TERRI- 

TORY 116-121 

Contiguous property— petition for— re- 
quisites 116 

Annexing one corporation to another 117 

No portion less than whole to be 117 

Not to impair rights of 117 

Annexation may be fixed by ordi- 
nance 117 



Page. 
ANNEXING AND EXCLUDING TERRI- 
TORY. Continued. 
Ordinances to be submitted to legal 

voters 117 

Notice of to be given 117 

Vote to be bv ballot 117 

Form of......*. 117 

Corporation annexing territory 117 

Corporations may fix terms of 117 

To be submitted to voters at general 

election 117 

Annexing one corporation to another 1 7 

To be by ordinance 117 

Proceedings by corporation to annex 

territory 118 

Mavor— president of village to petition 

lor 118 

Mayor or president to petition to cir- 
cuit court for 118 

Requisites of petition IIS 

When to be filed 118 

Requisite number of people to be 118 

Notice of proceedings by whom given 118 

Publication of, etc 118 

Objections to— hearing by jury 119 

Finding of court— new trials— when 

granted 119 

Petition by land owner and legal vo- 
ters, to be annexed 119 

Proceedings in 119 

Give notice 119 

Leave copy with mayor 119 

Proceedings to disconnect application 
to lands not laid out in lots 120 

ANIMALS. 

Cruelty to— power of cities 58 

City or village, power to regulate and 
restrain running at large 61 

APPROPRIATIONS. 

Annual— when to be made 77 

Objects of to be specified 78 

Not to be increased, except on peti- 
tion of legal voters 78 

Not to be incresised above amount 

provided for year 78 

Form of ordinance concerning 255 

ASHES. 

City or village, power to regulate 45 



280 



INDEX. 



AUCTIONEERS. 

City, power to license 64 

Form of ordinance concerning 209 

BALLOTS. 

Form of under incorporation act 

18, 33, 112 
BANNERS. 

City or village, power to regulate 46 

BILLIARD TABLES. 

City, power to rearulate 52 

Form of ordinance concerning 207 

BOARD OF TRUSTEES. 

Te ritorial jurisdiction of 31 

When no quorum— special election to 

fill vacancy 36 

When may call special election 36 

May appoint judges and clerks 36 

Canvass returns 36 

Provide manner of conducting same.... 36 

To give notice of. 36 

General powers 36-69 

Fix bond of officers 72 

Fix compensation of 76 

Make annual appropriation 77 

Objects of, to be specified 78 

Appropriation not to be increased ex- 
cept on petition of voters 78 

Borrow money in an emergency 78 

Borrow money to pay judgment 78 

!No contracts to be made unless an ap- 

propriat on therefor 79 

Treasurer make monthly report to 79 

Annual report of treasurer to 80 

Comptroller to report to 82 

May assess taxes for corporate pur- 
poses 85 

By ordinance may assess and levy 85 

File copy with county clerk 86 

Tax for particular purpose to certify 

to '. 87 

Power to make local improvements... 89 

Ordinance to prescribe, how made 91 

Proceeding by, to annex territory 118 

Petition ior, to file in Circuit Court.... 118 
Annexing of one corporation to an- 
other 117 

Submit vote to people 117 

May annex contiguous territory 117 

File map with recorder 117 

Not to be interested in contract 129 

Rules of proceedings for 262-266 

BONDS. 

City or village, power to issue for mo- 
ney borrowed— restriction 38 

Issue to meet maturing 39 

Of mayor— amount....^ 72 

Of city treasurer— amount 72 

City or village council to fix, of 

officers 72 

Of mayor's and treasurer's bond to be 

filed with city clerk 72 

Of city clerk's to be filed with treas- 
urer 72 

Of bank on deposit of city funds 80 

Record of city kept by comptroller...... 83 

Appeal bond, city or village, need not 
give Ill 



BONDS. Continued. PAGE ' 

Superintendent and inspector's house 

of correction, to give 148 

Form of official 171 

Form of resolution by council, fixing.. 172 

BREAD. 

City or village, power to regulate 56 

BOARD OF HEALTH. 

City or village, power to appoint 59 

BRIBERY. 

Conviction of alderman for— vacation 

of office , 29 

Person convicted, not eligible to any 

city office 29 

City officer accepting— penaltv 71 

Party offering— penalty , 74 

BRIDGES. 

City or village, power to construct or 
keep in repair 50 

CANALS. 

City or village, power to construct, etc.. 50 

CEMETERIES. 

City or village, power to establish, etc. 60 

CENSUS. 

City or village, power to provide for 
taking 62, 111 

CHIMNEYS. 

city or village, power to regulate 57 

CITIES. 

How may adopt general law 17 

Petition by one-eighth legal voters 17 

Notice of elections 18 

Ballot— result 18 

How towns or villages may become... 19 

City, how organized 19 

Judicial notice taken of organization.. 20 

Elections of officers 21 

When c< unty judge to give notice of 

an election 22 

Term of first officers 22 

Corporate name and powers 22 

Style of name 22 

To have a seal 22 

May change seal at pleasure 22 

May contract, acquire seal estate and 

personal property for corporate use. 22 

May sue and be sued 22 

Prior ordinances remain in force un- 
til, etc 23 

Rights of old corporation to vest in 

new 24 

Record of result to be filed with re- 
corder , 24 

Certificate with secretary of state 21 

• Chief officer of— mayor 25 

Composing a town — election 32 

Annual election for officers 32 

Who entitled to vote in 32 

Wards 33 

Alderman at first election.... 33 






INDEX. 



281 



Page. 
CITIES. Continued. 

Alderman under minority plan 34 

"When minority plan not adopted 34 

Mam er of conducting elections in 35 

Place of— notice by whom given 35 

When no quorum in council 36 

Special elections in 36 

Powers of c ; tv council 36-65 

Officers of cities 69 

"What officers appointed— how 70 

Bond ot mayor of— amount 72 

Bond of t'.easurer of— amount 72 

Compensation of officers— by whom 

fixed ■ 76 

Finances of. 77-bl 

Treasurer of city to make report to 

council 79 

City c<He tor— duties of 81, 82 

City comptroller— duties of 82 

May sue for tax on earnings of foreign 

insurance companies 84 

Assessment and collection of taxes.. 85-89 
Special assessments— local improve- 
ments 89-95 

Special assessment 95-109 

May buy in property sold for taxes 104 

May ■ dopt special assessment act... . 109 
Miscellaneous provisions— water... 109-112 
Council of. to borrow money for water 

supply 109 

May hold property by purchase for 109 

Jurisdiction extends five miles beyond 

limits 109 

Council of, to make regulations for... 109 
May levy a general tax for construc- 
tion of no 

Enforcement of rights of, by tax payer 110 
Council of, to provide for maps of 

blocks, lots, etc 110 

May provide for taking census Ill 

Need not give appeal bond in anv 

suit .'.. Ill 

Perries and bridges 115 

May license and regulate i.. 115 

Acquire by purchase, gift, etc 115 

Annexing and excluding territory 

116-120 

Annexing of— petition 116 

Of one corporation to another 117 

Annexation of territory by 117 

Petition for— requisites 118 

Notice of, to be given by mayor IIS 

Objections to— trial of.. 119 

Proceedings to disconnect 119 

Map of territory annexed to be re- 
corded 120 

Judicial notice taken of changes, etc. 120 

Changing name 120-123 

When may— petition for 121 

Proceedings for 121 

Copy order to be filed with secretary 

of state 122 

When change void of unincorporated 

towns 122 

Territorial jurisdiction 123 

Of over Ohio river 123 

Of over boats on rivers 123 

Houses of ill fame 124 

Licensing and inspection by prohibit 

ed 124 

. Leasing landings and levees 124 

When may be leased by city 124 



Pack. 

CITIES. Continued. 

What land— restriction ]?5 

Po ice magistrates ]2.~> 

Election— jurisdiction -term 125 

Police and fireman's relief iund 126-129 

How created v..<\ 

Mayor trustee 126 

Board to control ijt 

Treasurer of city to keep ]27 

Water works 129-13: 

Power to supply i. 9 

Borrow money tf r— levy tax v.', > 

Acquire property for....'. 1 

Issue bond— make ii staiiments 1- 2 

Power to contract for ]::; 

Levy tax 1.0 pay for 133 

salaries of city officers 13:5 

When to be fixes' i:;:j 

Not t 1 be changed during term 133 

Appointment and removal of city otii 

cers :.. 134-irc 

Appointment— removal 1 4 

Veto of mayor :ji, 135 

Rebate and* reduction of taxes, etc....! 13(1 

When allowed 136 

Keduce or release of, when 136 

Sewerage and water taxes. 137, 138 

Sewerage fund ]37 

Watertaxfund 137 

Taxes 138 

How asses ed and co.lected 138 

Surplus fund or tax 138,139 

Sidewalks in cities, towns and villa- 
ges 139-143 

By taxation 139 

Special tax tor 141 

Owner may construct 142 

Hone of c rrection 143-148 

May establish 14 ; 

Inspectors of— appointment— term .43 

Rules for- employees— appropriation 14 1 

Books— stateme. its of— accounts 144 

Superintendent— dutn s o.— term of.... 1 5 

House of shelter— h w established 147 

Salary of superintendent 147 

Oath of— bond 148 

Libraries 148-153 

Cities, villages, towns, etc.. may es- 
tablish * 148 

Directors of-how appo nted 148 

Term of office— remova' 149 

Vacancies— compensation 149 

Power of directors— funds 149 

Who may use 150 

Reports of directors 150 

Donatons— penalties for injury to 150 

Powers of villages, towns and town- 
ships 151 

Directors of in village 151 

1 ibrary associations "right to sell to... 151 

Manner of making conveyances 152 

Town plats 15.J-157 

Laying out towns 153 

Dedication, effect of 155 

Vacation |55 

Recording 156 

Vacation of streets, alleys and high- 
ways 157 

Damages 157 

Rights of adjoining owners 158 

Form of petition to be incorporated 
under general law 159 



282 



INDEX. 



Page. 
CITY. (See Cities.) 

Organizing of — from contiguous terri- 
tory— petition— election — re ult 19 

May require able-bodied citizens to 
work on streets 68 

CITY ATTORNEY. 

How and when elected 89 

Form of ordinance concerning 233 

CITY CLERK. 

Passed ordinances to be deposited 

with 31 

Election of. 32, 69 

Ballots to be returned to, after elec 

tion 35 

To notify persons elected to office 35 

To notify persons appointed to office... 35 

When may call special election 36 

To sign commission of officers 72 

Bond of officers to be filed with 72 

To hold no other office 74 

Keeper of corporate seal— papers, etc. 74 

Duty to attend council meetings 74 

Duty to record all ordinances passed... 74 

Power to administer oath 76 

Report of treasurer to be filed with.... 80 

Shall publish same 80 

Countersign warrants drawn 80 

Publish and post collector's report 81 

When to act as comptroller 82 

Perform other duties when required... 83 
Adjustment of accounts — appeal to 

finance committee 83 

May appoint subordinates— responsi- 
ble for 84 

To issue warrant for collection of spe- 
cial assessments 101 

When to rebate taxes 136 

To prepare special tax list, when 141 

Issue warrants for collection 141 

Duty on failure to collect taxes 141 

Form of certificate by, to accompany 
result of election 161 

CITY COLLECTOR. 

City council, when may appoint 71 

Duties of collector 81 

Papers, etc., to be open to inspection 
by 81 

Pay over weekly, and ofiener if re- 
quired . 81 

File treasurer's receipt with clerk 81 

Report to council money collected 81 

Annually report to clerk, etc 81 

isot to detain money— penalty 81 

Pay over money— when 82 

Books may be ex am i n ed by mayor, etc. 82 

Perform other duties required 83 

May appoint subordinates — responsi- 
ble lor 84 

Time of paying over money 87 

To give notice to collect assessments... 101 

Form of notice— special warrant 101 

Duty to call on persons assessed 101 

Duty to report delinquents 10 county 

collector 102 

Pay over money to treasurer— when... 103 
May sue for special assessment 107 



Page. 
CITY COMPTROLLER. 

City council, when may appoint 71 

To exercise supervision over officers... ? 

Charge and custody of deeds, etc 

Shall report annually 

Council may define amies 

When to perform clerk's duties ,.. 

Keep list of outstanding bonds, etc. . 

Annual report to describe bonds sold., a-i 

When to rebate taxes 136 

CITY COUNCIL. 

Canvass returns of election, on organ- 
ization under the act 19 

Mayor to preside over 26 

Temporary absence— may elect mem- 

berto preside '. 26 

Report of mayor of release of prison- 
ers to 2<> 

Mayor to send message annually to... 27 

Revisers of ordinances to report to 27 

How composed 28 

Number of aldermen 28 

In cities of over 100,000 inhabitants... 28 

Term of office— vacancy 28 

Qualifications of aldermen 26 

Judge of its own members 29 

Determine rules of proceeding 29 

Punish members for disorderly, etc., 

conduct 29 

May expel member for offense, when.. 29 
Convicti' m for bribery deemed a vaca- 
tion of office 29 

Quorum 29 

May compel attendance 29 

Fix time of meetings 29 

May elect, in mayor's absence, tem- 
porary chairman 30 

When not to reconsider vote at special 

meeting 30 

Sit Avith open doors— keep journal 30 

Territorial jurisdiction 31 

Special meetings — how called 31 

Ordinances, deposit of with city clerk 31 

Reconsideration of ordinance 31 

Passing over veto 3L 

Divide city into wards 33 

City to submit minoritv representa- 
tion 33 

To designate places of election 35 

To give notice of— how 35 

To appoint judges and cleiks of. 35 

To canvass returns of election 35 

When no quorum— special election 36 

May call special election — when.... 36 

May appoint judges and clerks 36 

Canvas returns— give notice 36 

General powers of city council 36-65 

Control finance 37 

Appropriate money— levy taxes 38 

Issue licenses— borrow money 38 

Issue bonds 39 

Lay out, establish, etc., streets 40 

Plant trees 4L 

Regulate use — prevent encroach- 
ments 42, 43 

Provide for lighting and cleansing 44 

Regulate sewers— sidewalks— ashes- 
garbage 44, 45 

Regulate crosswalks, obstructions, 

banners, placards, flags 46 



INDEX. 



283 



Page. 
CITY COUNCIL. Continued. 

Traffic, horses, locomotives, cars, etc... 46 

Numbering houses, naming streets 47 

Horse railroads 47 

Railroad crossings, fencing railroads.. 4S 

Railroad flagmen 49 

Bridges, culverts, water-courses, ca- 
nals, landing places 50 

Anchorage, wharfage, harbors, waters 51 
License pedlers, hawkers, pawnbro- 
kers, etc 51 

License hackmen, draymen, cabmen, 

etc 51 

License and tax cars, stages, public 

houses, etc 52 

Billiard tables, pigeon hole, etc 52 

Suppress bawdy houses, ill-fame, etc.. 52 

License liquor traffic 52 

Prohibit liquor traffic 55 

Regulate markets, sale of meat 56 

Prevent forestalling and regrating 56 

Regulate sale of bread— weight 56 

Regulate inspection of meats— brick, 

lumber, coal, hay, etc 56 

Inspect weights, measures, and enforce 

proper weights 56 

Regulate construction of vaults, cis- 
terns, hydrants, sewers, etc 56 

Prevent fighting, quarreling, dog 

fights, etc 56 

Regulate fences and walls 56 

Prescribe fire limits 56 

Regulate chimneys, engine houses, 

gunpowder, police, etc 57 

Establish jails and calabooses, work- 
houses, etc 57 

To suppress riots— prohibit cruelty to 

animals 58 

Restrain and punish vagrants— de- 
clare what shall be nuisance 58 

To appoint board of health 59 

Erect hospitals— promote health— reg- 
ulate cemeteries 60 

Regulate animals 61 

Regulate packing houses, breweries, 

etc 62 

To prohibit erection of offensive estab- 
lishments 62 

Regulate groceries, etc 62 

To take census 02 

Care for public building-- 62 

Establish ferries, bridges 62, 115 

Authorize construction of mills, etc... 62 
Extend streets— to grant streets for rail- 
road upon petition, Avhen 63 

To license auctioneers, livery stables, 

etc 64 

Regulate flying of kites, rolling of 

balls 64 

Regulate lumberyards, piling of wood 64 
Provide printing, stationery, blanks, 

etc' 64 

To tax, license and regulate junk 

stores, etc 64 

To pass all rules, ordinances necessa- 
ry 65 

Style of ordinances— publication — 

proof of. 65 

Suits for violating ordnance* 66 

Council may direct disoosition of fines 67 
May make prisoners of city to work 

for 68 

Election of, in cities organized 69 



Page. 
CITY COUNCIL. Continued. 

May appoint city marshal 19 

When may appoint city collector, city 
marshal, city comptroller, city su- 
perintendent of streets, corporation 

counsel 71 

May discontinue offices 71 

May prescribe duties of officers 71 

How vacancies rilled in offices 71 

To fix bond of mayor— treasurer 72 

To fix compensation of mayor 76 

Fix compensation of other officers 76 

When shall make annual appropria- 
tion 77 

Not to be increased by, except 78 

Borrow money on an emergency 78 

Pay judgment against city 78 

No contract to be made unless an ap- 
propriation therefor 79 

Report of treasurer to 79 

Annual report of treasurer to 80 

Prescribe manner of keeping collect- 
or's accounts 81 

Report of collector to 81 

Comptroller to report to 82 

Adjustment of accounts with 83 

Appeal to finance committee council 83 
May assess taxes for corporate pur- 
poses 85 

By ordinance assess and levy 85 

File copy of, with county clerk 86 

Tax for particular purpose to certify 

to 87 

Power to make local improvements... 89 

Ordinance to prescribe how made 91 

To appoint three members to estimate 

cost of improvements 95 

Report of, to be made tj council 95 

May order petition to court for pro- 
ceedings to assess 96 

Power to make new assessments 10") 

New assessment on delinquent 106 

May make assessment lor property 

condemned, etc 108 

Power to provide tor water supply 109 

May borrow money tor 109 

Authorize construction of w. rks 109 

Prevent waste of water.! 109 

Prevent pollution of 109 

May go beyond limits to hold, etc 109 

Power to condemn lands 109 

Jurisdiction to prevent pollution of 

water 109 

To make needful rules for u>e of wa- 
ter 109 

May levy a general tax for construc- 
tion of no 

Power to make map or plat to be sub- 
mitted to no 

Not entitled to record unless approved 110 

City or village may take census ill 

City or village neeu not give appeal 

bond in 

Words "city council" apply to trustees 

of villages 114 

May annex territory when petitioned 

for 117 

Annex one corporation to another 117 

When not petitioned for, may annex 

by ordinance 118 

No member of, to be interested in con- 
tracts ]29 

Make rules for water works 130 



284 



INDEX. 



Page. 
CTTY COUNCIL. Continued. 

Issue bonds for water works 131 

To fix salaries of officers 133 

Not to change during term ^133 

Not to allow extra compensation 133 

When chairman of, to rebate taxes 136 

When power to alter appropriation 

bill 136 

When power to pass new bill 136 

Form of order by, submitting question 

of incorporation to voters 159 

Form of proceedings by, when incor- 
porated under general law 164 

Form of journal of. 164 

Of notice of special meeting 168 

Form of \ esolution authorizing mayor 

to petition, etc 180 

Forms of ordinance concerning ab- 
sentees 189 

Power to vacate or close streets and 

alleys 157 

Rules of proceedings for 257-263 

CITY OFFICERS. 

To hold office until successors elected 

and qualified 19 

Term of first officers 22 

Annual election lor 32 

Place of election, by who designated 35 

Tie in election of— how determined... 35 

Election of in cities 69 

Bribing—penalty 74 

Compensation of, how fixed 76 

CITY SUPERINTENDENT OF STREETS. 
City council when may appoint 71 

CITY TREASURER. 

Election of in cities..... 69 

To old no ( ther office 74 

Duties of. 79 

Accou ts, how kept 79 

Make monthly report 79 

Keep register of warrants paid 79 

Report of how made— necessaries 79 

Deposit of funds— regulated by ordi- 
nance 80 

Keep separate from his own 80 

Neglect to subject him to removal 80 

Make annual report 80 

File account, receipts and expendi- 
tures with clerk 80 

Special a sessment iund be kept sepa- 
rate 81 

Mav be required to perform other du- 
ties 83 

Adjustment of accounts— appeal 83 

May appoint subordinates— responsi- 
ble for 84 

Set apart tax for particular purpose... 88 
Set a par funds for police and fire re- 
lief fund 126 

When drawn on to pay funds to treas- 
urer of 128 

Form of warrant on 173 

Form of ordinance concerning 231 

CITY MARSHAL. 

How appointed— duties 71 

When conservators of the peace.. 75 



Page. 
COMMISSIONERS. 

Appointment by court-when 96 

Oath of— form 96 

Duties of. 96, 97 

Give notice of assessment 98 

Form of— posting— publication 98 

CONSTABLE. See Village. Constable. 
May serve process and make arrests... 68 

CONTIGUOUS TERRITORY. 

How city may be formed of. 19 

Area of not to exceed four square 

rndes 19 

Population to be not less than one 

thousand 19 

Petition to form city from, to wh,m to 

be addressed 19 

Organization of. 20 

Courts to take judicial notice of. 20 

Ma y organize as village 112 

* Petition— requisites 112 

Thirty voters may petition 112 

Addressed to county judge 113 

Time and place of election, by whom 

fixed 113 

CONTRACTS. 

Citv or village officers not to be inter- 
ested in 73 

None to be made by city unless an ap- 
propriation therefor 79 

CORPORATION COUNSEL. 

City council, when may appoint 71 

CORPORATE NAME. See Name. 

CROSS-WALKS. 

City or village power to regulate 46 

COUNTY CLERK. 

Duty to extend tax on books— how 86 

List of property sold bv special assess- 
ment filed with .'.. 103 

Form of certificate to, of amount to be 
raised by taxation 173 

COUNTY JUDGE. 

Petition to make a city from contigu- 
ous territory to be addressed to 19 

Fix time and place of holding elec- 
tion 20 

To name persons to act as judges at.... 20 

To give notice of election 20 

To canvass returns with two justices... 20 

When to give notice of election 22 

Petition to make village from con- 
tiguous property addressed to 113 

Duties of judge regarding election, 

etc 113 

Fix time of election of village officers 113 
Duties of— village organization from 

contiguous territory 113 

Receive returns— canvass 113 

Cause statement of result to be made.. 113 
Fix time and place of election— give 
notice of. 113 



INDEX. 



285 



Page. 
COURTS. 

Take judicial notice of organization 
of cities and villages under this act.. 20 

And of change of organization 20 

Of change of name of cities or towns.. 122 

CRUELTY TO ANIMALS. See Animals. 

CULVERTS. 

City or village, power to construct and 
keep in repair 50 

DOGS. 

City power to tax 61 

Form of ordinance concerning 236 

ELECTION. 

Notice of to adopt act 18 

To form contiguous property into a 

city 20 

Time and place of, to be fixed bv coun- 
ty judge 20 

Judges of, how appointed 20 

Canvass of returns to be county judge 

with two justices 20 

Change of town to city, election for 

city officers 21 

Notice of— time and place — judges and 
clerks of. to be appointed by presi- 
dent and trustees 21 

Canvass of returns of, by president and 

tru-tees 21 

Annu il election ior city officers 32 

For mayor, city clerk, city attorney 

and city treasurer, biennally 32 

Alderman, election of. 33 

Place of— notice 35 

Manner of conducting elections— re- 
sult 35 

Judges and clerks of— how appointed 35 
Judges to appoint clerks to fill vacan- 
cy 35 

Returns to city or village clerk 35 

Persons elected to be notilied by city 

clerk 35 

When no quorum in council— who 

may call an election 36 

Special election— when may be called 36 

Who may ca 1 36 

Notice to be given 36 

For organization as village 112 

Form of ballot for 112 

Returns to be made to president and 

trustees— canvass of, by 112 

Result -old officers continue 112 

Contiguous territory— organization of, 

as village 112 

For new organization 113 

Time and place fixed by county judge 113 

Returns of, to be made to 113 

County judge fix time of election of 

village officer* 113 

Annual election for village officers— 

when held 115 

For annexation, one corporation to 

another 117 

Notice of, to be given 117 

Of police magistrate in cities, etc 123 

Form of result in election for incor- 
poration of contiguous territory 162 

Form of notice for 169 

Form of canvas of returns of 169 



Page. 
ENGINE HOUSES. 

City or village, power to erect, etc 57 

FERRIES. 

City or village, power to establish.. 62, 115 
May acquire by purchase, gift, etc 115 

FINANCES. 

City or village, power to control 37 

Annual appropriations of 77 

Not to be increased, except by 78 

Objects for to be specified 78 

In an emergency city may borrow 78 

Treasurer required to keepmon-yas 

designated by ordinance 80 

Must be in son.e organized bank 80 

Bank to give bond for 80 

Special assessment funds kept sepa- 
rate 81 

Collector of, to pay over to treasurer... 81 

FINES. See Penalty. 

To be paid to treasurer 67 

In villages, to treasurer 115 

FIRE LIMITS. 

City or village, power to regulate 56 

Form of ordinance concerning 245 

FLAGS. 

City or village, power to prevent and 
regulate, 46 

FORMS. 

Petition to mayor and council to be 
incorporated as citv under general 
law 159 

Order of mayor and council submit- 
ting question to voters 159 

Notice by mayor to vote on question... lfiO 

Return of votes by judges ca:>t at elec- 
tion for incorp iration 160 

Of result of canvass of votes for incor- 
poration of city under general law. 161 

Certificate to accompany result of elec- 
tion 161 

Petition to county judge for organiza- 
tion of contiguous territory 161 

Notice by county judge of election for 
incorporation of city of contiguous 
tenitory 162 

Of result of election in contiguous ter- 
ritory, etc 162 

Of entry on journal of town, calling 
and giving'notice of election 163 

Notice of election of city officers 163 

Of copy proceedings when city or vil- 
lage becomes incorporated, to file 
with recorder 164 

Certificate of village clerk to trans- 
cript 164 

Of journal proceedings of city council 164 

Notice of special meeting of council ... 168 

Veto or objections of mayor 1CS 

Petition for minority representation in 
council 168 

Submission of question of minority 
representation 169 

Election notice 169 

Oatti of judges and clerks of election.. 169 



286 



INDEX. 



FORMS. Continued. 

Canvass and return of votes by judges 

of election 169 

Special election m tice 170 

Appointment of judges of election 170 

Notice to persons elected or appointed 171 
Clerk's certificate to prove ordinance.. 171 

Official bond of city officers 171 

Resolution fixing amount of official 

bond 172 

Commission to officers of city or vil- 
lage 172 

Certificate of election or appointment 

to office 172 

Of notice by successor in office to de- 
liver books, etc 173 

Treasurer's report 173 

Of warrant for payment of money 173 

Of vouchor for disbursement 174 

Of cer ificate to county clerk of 

amounts to be raised by taxation 174 

Petition for special assessment..... 175 

Commissioner's certificate to assess- 
ment roil of special assessment 176 

Affidavit of sending notice by mail 176 

Affidavit of posting assessment notice.. 177 

Special assessment notice 177 

Certificate of publication 177 

Order submitting question to be organ- 
ized under general law 178 

Petition for change from town to be- 
come incorporated 178 

Notice of election by president and 

trustees 178 

Petition to county judge for organiza- 
tion of village under general law... 179 
Petition for annexing contiguous ter- 
ritory 179 

Resolution authoriz'ng mayor or pres- 
ident to petition for annexing terri- 
tory 180 

Petition by mayor, etc.. annexing con- 
tiguous territory 180 

Of notice by mayor, etc., of filing pe- 
tition to annex territory 181 

Of petition for annexation of territo- 
ry by owners of land 181 

Of petition to disconnect territory 181 

Of petition for change of name of city, 

village and town 181 

Of notice of presentation of petition 

for 182 

Of petition for change of name of un- 
incorporated town, etc 182 

Of itemized statement by owner who 

constructs sidewalks 182 

Of affidavit to the same 182 

Of certificate of street commissioner as 

to sufficiency of 183 

Of license to keep dram shop 183 

Of bond for 183 

Of permit to druggists to sell liquor... 184 

Of general license 184 

Town plat— certificate of surveyor to.. 185 

Acknowledgment of 185 

Form of vacation 185 

Form of vacation of part of. 186 

Of ordinance fixing meetings of coun- 
cil 188 

Of ordinances concerning absentees... 189 
Of concerning suits and prosecutions.. 190 
Of complaint for violations of ordi- 
nances 191 



Page. 
FORMS. Continued. 

Of warrant for 191 

Of recognizance 192 

Of judgment in violation of ordinan- 
ces 193 

Of mittimus for commitment 194 

Of recc'pt of judgment 197 

Of ordinance concerning license to 

sell liquor 19K 

Of license 199 

Of ordinance concerning corporate 

seal 202 

Of ordinance concerning pounds 203 

Concerning licensing billiard tables 

and games 207 

Regulating merchants, auctioneers, 

etc 209 

For streets and sidewalks 210 

Concerning misdemeanors 214 

Defining boundaries city and wards... 120 

Concerning mayor 229 

Concerning city clerk 2:50 

Concerning city officers 223 

Concerning city treasurer 21 

Concerning city attorney 23:5 

Concerning police magistrate 235 

Concerning city marshal 2.4 

Concerning dogs 2-6 

Concerning obstructions 238 

Regulating sidewalks 238 

Regulating nuisances 241 

Regulating health 2-i3 

Relating to vagrants 244 

Regulating fire limits 245 

Regulating weights and measures 249 

Relating to sewerage 250 

Concerning levy of taxes 25:5 

Concerning annual appropriation 255 

Cone rning annual tax levy 247 

Forms of rules for city councils, etc. 

557-266 
General rules of parliamentary law 
for councils and board of trustees, 

267-277 

GUNPOWDER. 

City or village, power to regulate, etc. 57 

HEALTH. 

City, power to regulate 58 

Form of ordinance concerning 243 

HOUSES. 

City or village, power to regulate num- 
bering of 47 

HOUSES OF CORRECTION. 

Cities may establish 143 

Inspectors, control of 143 

Appointment of— term 143 

May make rules for 144 

Appoint subordinates— fix compensa- 
tion of 144 

Not to appropriate money except 144 

Serve without compensation 144 

One inspector to visit once a month... 144 

To record rules, etc., in book 144 

Books how kept— quarterly statements 141 

Accounts annually to be closed 145 

Annual report to be published 145 

Further may be required of by 145 



INDEX. 



287 



Page. 
HOUSES OF CORRECTION. Contin <ed. 
When superintendent may remove 

employees 145 

Report, removal to board 145 

Duties of superintendent 145 

Appointment of— term of office 145 

Shall reside at 145 

» guilty may use 146 

House of shelter— how established 147 

Matron of— how appointed 147 

Expenses of maintaining house of cor- 
rection — how paid 147 

May keep United States convicts 117 

Bridewell changed to 147 

Salary of superintendent 147 

Duty to keep record of conduct of in- 
mates 147 

Inspectors and superintendent take 
oath and give bond 148 

HOUSES OF ILL-FAME. 

Power of city council to suppress 52 

Licensing and inspection forbidden... 124 

HORSES. 

City or village, power to regulate 
speed 46 

HORSE RAILROADS. 

City or village, power to regulate 47 

HOSPITALS. 

City or village, power to erect 60 

INSURANCE COMPANIES. 

Foreign, to pay over and report to 
treasurer 84 

JAIL^. 

City or village power to regulate 57 

JUDGES OF ELECTION. 

Shall make returns of to city council.. 19 
Make returns on submission of minor- 
ity representation 34 

In city elections— by whom appoint- 
ed 35 

When to appoint clerks 35 

Organization as village— returns ot by 112 
Form of return at election for incor- 
poration 160 

Form of oath 169 

Form, canvass of] eturns by 169 

Form of appointment of at special 
elections 170 

JUNK STORES. 

City or village, power to license, tax, 
etc 64 

JURISDICTION. 

Of city, three miles over waters be- 
yond limits 68 

Of police magistrate in village 115 

JURORS. 

Competency of inhabitants in 110 



Page. 
JURY. 

To ascertain compensation in assess- 
ments for locai improvements 92, 93 

Hearing in special assessments 100 

JUSTICES OF THE PEACE. 

Jurisdiction in violations of city or- 
dinances 68 

In village ordinances also 115 

When to commit prisoner . to house of 
correction, if any in county 146 

LANDINGS. See Public Landings. 

When may be leased 124 

Nor beyond tweniy five years 12-5 

When may take eri'ect 12} 

LEVEES. 

When may be leased 12t 

Not beyond twenty five year's 125 

When may take effect 125 

LIBRARIES. 

City council, power to establish 148 

Levy tax for — amount of 148 

Directors, how appointed 149 

Term of office— removal 149 

Vacancies, how fillei 119 

Organization of directors 149 

Make rules, etc.— control expenditure 

of funds 149 

Directors control construct. on of build- 
ing 149 

Moneys for to be deposited in city 

treasury 149 

Of purchase of grounds lor 149 

Librarian— how appointed 149 

Who may use 150 

Report of directors 150 

Injury to— penalties 150 

Donations to 150 

Power of villages, towns and town- 
ships to establish J51 

Tax for— how levied 151 

When to cease 151 

Directors for— how elected 151 

Library associations— sale of proper- 
ty by 151 

Give notice to members, etc 152 

Manner of making conveyance 152 

LICENSES. 

City or village, power to fix 38 

Form of to keep dram shop 18.3 

Form of bond for 183 

For druggist to sell liquor 184 

General mrm of 184 

Form of ordinance concerning license 
of liquor 198 

LUMBER YARDS. 

City or village, power to regulate 64 

MARKETS. 

City or village— power to regula!e 56 

MAPS. 

Of plats in city— council to regulate.. 110 



288 



INDEX. 



Page. 
MARSHAL. 

Citv council may provide for election 

of 70 

Form of ordinance concerning 234 

MAYOR. 

To give notice of election under this 

act 18 

To submit question of incorporation... 18 

Appoint time and place of election 18 

Designate persons to act as judges of 

election 18 

His qualification 25 

Vacancy in office — iiow filled 25 

Less than one year— how filled 26 

Ma yor pro tem. 'council to elect— when 26 

To preside at all meetings 26 

Office to become vacant on removal 

fiom city 26 

When he may remove officers 26 

Power to keep the peace 26 

Release prisoners violating ordinance 

of city 27 

To report cause of release to council, 

when 27 

General duties 27 

To enforce laws and ordinances 27 

Power to inspect books, records, etc.. 

of city officers , 27 

Message to council 27 

Call out militia to enfoice lavs, sup- 
press riots, etc '... 27 

Misconduct —liable to indictment — 

fine 27 

Conviction of. to work removal 27 

May appoint persons to revise ordi- 
nances 27 

Call special meetings 31 

To sign approved ordinances 31 

To return to council, with written ob 
jections. ordinances not approved... 31 

Veto — how far may extend 31 

Failure to return ordinances an ap- 
proval 31 

Pas-age over veto 31 

Flection of mayor in cit ; es 32, 69 

When may appoint officers ' 7 

Appo'ntm'ent of officers 71 

(Jive bond— amount— oath 72 

To hold no other office 74 

< onservator of the peace 75 

Compensation — how fixed ";6 

Power to administer oath 76 

Word mayor applies to president of 

village 114 

When authorized petition tor annexa- 
tion of territory to corporation 118 

To give notice when to be heard 118 

To publish in paper j18 

To record map of annexed territory... 120 

To record copy of ordinance with 120 

One of trustees, relief fund 126 

Not to be interested in contracts 129 

Appointment and removal of officer 

by 134 

What officers he may remove 134 

Report reasons for to council 135 

May appoint to till vacancy 135 

Approval of ordinances by 135 

Veto of 31, 135 

Failure of to return 135 

When to rebate taxes 136 



MAYOR. Con'imied. 

Form of order submitting question of 
incorporation 159 

Form of notice by, for. etc .. 160 

Form of petition for annexing contig- 
uous territory 180 

Form of notice by, for annexing terri- 
tory 181 

MEASURES. 

City or village to provide for 56 

To enforce keeping of proper 56 

Form of ordin tnce concerning 241 

MEATS. 

City or village, power to regulate 56 

City or village, power to inspect 56 

MEETINGS. 

Of city council 29 

No vote to be rescinded at special 

meeting 3) 

When reports to be made at 30 

Special meeting 31 

Form of ordinanc j concerning coun- 
cil meetings 188 

MERCHANTS. 

Form of license for 209 

MESSAGE. See Veto. 

Of mayor to council annually 27 

MILITIA. 

Mayor of city to call out when 27 

MILL-RACES. 

City or village power to authorize on, 
through, or across streets, etc 62 

MINORITY REPRESENTATION. 

How and when submitted 33 

Not to be more than once in two years 33 
Apportionment of city, when adopted 34 

Form of petition for, in council 168 

Form of submission to voters 169 

MISDEMEANORS. 

Form of ordinance concerning 214 

MONEY. 

( ity or village power to appropriate 

for corporate purposes 38 

Borrow money for corporate purposes 38 

MUNICIPAL CORPORATION. 

Rights ot old, adopting general law to 
remain the same. 24 

New remedies applicable, cumula- 
tive 24 

NAME. 

Style of cities 22 

Stye of villag' s 113 

Ot city or town, how changed 120 

Petition— lequisi es 120 

To be given, fiied with secretary of 
state 121 



INDEX. 



289 



Page. 
NAME. Continued. 

Duty of secretary of state in 121 

Time of hearing to be fixed 122 

Notice of, to be given 122 

Hearing petition — remonstrances 122 

Order filed wi th secretary of state 122 

Publication of cha< ge 122 

Courts to take judicial notice 122 

Rights saved 122 

Change contrary to iaw, void 122 

Of unincorporaied town, how changed 122 
Circuit court on petition may change 122 
Notice of, filed with secretary of state 123 

NOTICE. 

Of election under act— mayor to give 

thirty days, 18 

Court to take, of organization of city 

or village 20 

Of change of town or city to this act... 20 

Of election of city officers 35 

To person elected to office 35 

Of special election, city council to 

give 36 

By commis-ioners in special assess- 
ment—form of. 98 

Return of assessment roll — form of 98 

Proof of— how made 99 

Of village electiou— who to give 112 

In annexation of one corporation to 

another 117 

In corporation annexing territory 118 

By owners of land annexing 119 

Judicial, of cities taken 120 

Petition for change of name to be 

given 122 

Requisites of 122 

Of change by secretary of state 122 

Of change of name by unincorporated 

town 123 

Of letting contracts for water-works... 129 
Of agreement by county to use house 

of correction 146 

Of by mayor, to vote on question of in- 
corporation 160 

Of county judge, of election for in- 
corporation, contiguous territory 162 

Form of election, city officers 163 

Of special meetings of council 168 

Election notice 169 

Special election 170 

To persons elected or appointed 171 

NUISANCE. 

City or village, power to declare what 
is 58 

Form of ordinance regulating 241 

OATH. 

City officer to take when elected or 

appointed 71 

To be filed with clerk 72 

Form of. 72 

Of commissioners, appointed to as- 
sess 96 

Superintendent and inspectors, house 
of correction to take 148 

OBSTRUCTIONS. 

City or village, power to regulate and 

prevent 46 

Form of ordinance concerning 238 



Page. 
OFFICIAL BOND. (See Bonds.) 

OFFICERS. 

On adoption of general law, hold over 

until, etc 19 

Election of on change of organization 

of town to city 21 

President and board of trustees to fix 

time and place of. 21 

To give notice of— to appoint judges 

and clerks of. 21 

Canvass returns, to enter result upon 

town records 21 

First city officers— term of. 22 

Mayor, power to remove, when, etc 26 

Misconduct of— penalty 27 

Annual election in cities 32 

Officers in cities— powers 69 

Vacancies, how filled 71 

When elected or appointed to give 

bond , 71 

Subscribe oath 72 

Except aldermen, to give bond 72 

Officers elected or appointed, except 
aldermen, mayor, etc., to be commis- 
sioned 72 

Delivery of books to successor 72 

Refusal— liable to penalty and damage 72 

Qualification of 73 

Not to be interested in contracts 73 

Or in purchase of property of corpor- 
ation sold for taxes 73 

Bribery— penalty 74 

Compensation of— how fixed 76 

What have power to administer oath.. 76 
To perform other duties prescribed by 

council 83 

In villages, by whom appointed 114 

Give bond 114 

Appointment and removal of by 

mayor 134 

May appoint to fill vacancy 135 

Form of certificate of election and 

appointment 172 

Form of ordinance concerning city 

officers 223 

ORDINANCES. 

Prior ordinances of city in force until 

repealed 23 

Revising of, by city after change 27 

Concurrence of majority of aldermen 

elect to passage of, when SO 

Two-thirds vote to sell city or school 

property 30 

Enforcement of health and quaran- 
tine 81 

Ordinances to be deposited with clerk 31 

Veto of— approval 31 

Failure to return an approval 81 

Eeconsideration— passing over veto.... 31 

Style of ordinances Co 

Be published within one month 65 

Manner of publication 65 

How proven 65 

Suits for violation of. 66 

Conviction for one no bar to another 

at the same time 66 

City council may pass, for election of 

officers 71 

Certified copy of evidence 75 

For local improvement, to prescribe 

how made 91 



290 



INDEX. 



Page. 
ORDINANCES. Continued. 

When property is taken— proceeding.. 91 

For sidewalk— owner's right 95 

Style of, in villages 114 

Trustees of may pass 114 

President of may veto 114 

Of city to be approved by mayor 135 

Veto— passage over 135 

Failure to return deemed approval of 135 

Ordinance for sidewalk— requisites 140 

Be published as other 140 

Ordinance vacating railroad, etc., to 

be recorded 156 

Form of proof of 171 

General forms of 187-257 

PACKING HOUSES. 

City or village, power to regulate 62 

PARLIAMENTARY LAW. 

General rules for cities and villages 

267-277 

Public meetings 267 

Organization of 267 

Manner of presenting business 269 

Motions and manner of proceeding 270 

Motions in general 271 

Previous question 272 

Motions to postpone.. 272 

To commit 272 

To amend 273 

Order of business 274 

Subsidiary question 274 

Of committees 275 

.PENALTY. See Fine. 

Of misconduct— misfeasance of may- 
or, etc .*... 27 

Fine— removal from office 27 

< ity officer accepting bribe 74 

Party offering bribe 74 

For detaining of money by collector.... 82 
Foreign insurance company, failure 
to report and pay money to treas- 
urer 84 

Neglect to plant corner-stone when 

land platted 155 

Neglect to record plat of streets, high- 
way, etc 157 

'PETITION. 

In adopting act — one eighth legal 

voters necessary 17 

In forming city from contiguous terri- 
tory 19 

Fifty legal voters necessary to peti- 
tion 19 

For local improvement— requisites 91 

For special assessment— requisites 96 

For an organization as a village Ill 

; For new organization— how attected... 112 

' Annexing and excluding territory 1]6 

Three-fourths voters necessary 117 

By corporation to annex territory 118 

To be filed with clerk circuit court 118 

Requisites of 118 

By legal voters and owners of land to 

annex 119 

To be filed in circuit court 119 

In proceedings to disconnect 119 

To circuit court 119 

When to be filed 120 



PETITION. Continued. 

Change of names of town or city— re- 
quisites 120 

To whom presented 121 

Form of, to county judge for organiza- 
tion of contiguous territory 161 

Form of, for special assessments 175 

Form for, to be incorporated under 

general law 178 

Form of, to county judge to become 

when not incorporated 179 

Form of, for annexing territory 179 

Form of petition for annexing contig- 
uous territory 180 

Form for annexing territory 181 

>orm to disconnect territory 181 

Form of, for change of name of city... 181 
Of unincorporated city, etc 182 

PLAT. See Town Plat. 

POLICE. 

City or village, power to regulate 57 

POLICE MAGISTRATE. 

May be elected annually in village 115 

Give bond— qualification 115 

Term of office— jurisdiction 115 

Election of, in towns, cities, etc 125 

Term of office— qualification 125 

When not to be elected 126 

To commit prisoners to house of cor- 
rection, if any in county 146 

Form of ordinance concerning 226 

POLL TAX. 

City or village may require citizens to 
work 89 

POUNDS, 

Form of ordinance concerning 203 

POWERS. 

Cities may sue and be sued 22 

May contract, acquire and hold real 

and personal property 22 

May have seal 22 

Mayor of city to keep the peace 26 

PRESIDENT OF TOWNS AND VILLA- 
GES. 
To perform duties on change of or- 
ganization under the act 19 

When to call and give notice of an 

election of city officers 21 

To designate time and place 21 

Appoint judges and clerks of 21 

To cause result to be entered on re- 
cords of town 2L 

To fix term for election for organiza- 
tion as village 11 2 

Give notice of— appoint judges 112 

Canvass returns of election 112 

Veto power as mayor of city 114 

May appoint clerk, treasurer, etc 114 

Prescribe duties of U4 

Require officers to give bonds 114 

To record map of annexed territory... 120 

To record ordinance with 120 

One of trustees of relief fund 1^6 



INDEX. 



291 



Page. 
PRESIDENT OF TOWNS AND VILLA- 
GES. Continued. 

When to rebate taxes 136 

Form of order submitting question of 

incorporation 178 

Form of notice of election by 178 

Form of petition for annexing contig- 
uous territory 180 

PRIVATE LANDINGS. 

City or village, power to regulate, 
etc 51 

PROCEEDINGS. 

Rules for councils and trustees 2W-266 

Rules of parliamentary law 267-277 

PUBLIC BUILDINGS. 

City or village, power to .erect, etc. G2 

PUBLIC LANDINGS. 

City or village, power to erect and 
keep in repair 50 

PUBLIC PLACES. 

City or village, power to regulate 
traflic on....! 46 

QUALIFICATION. 

When elected— ten davs to 35 

Failure to 36 

Of city or village officers 73 

RAILROADS. 

City or village may require fenced 48 

Failure to comply 48 

Liable to owner of stock 48 

RAILROAD COMPANIES. 

Required to keep flagmen at crossings 49 
Shall lower or raise grade when re- 
quired 49 

Keep in repair sewers, drains, etc., on 
right of highway 49 

RAILROAD CROSSINGS. 

City or village, power to change, etc.... 4S 
Require railroad companies to keep 
flagmen at 49 

RAILROAD TRACKS. 

Power of city or village to construct 
sewer tinder 62 

No power to grant streets for, except 
on petition 63 

RECORDS. 

Result of election in formation of con- 
tiguous territory into city, to be re- 
corded in county court records 20 

City or village organized under gen- 
eral law, to file record of votes, etc., 
with recorder 24 

Like certificate to be filed with secre- 
tary of state 24 

Mayor has power to inspect, of city 
officers 27 

City council to keep journal 30 



Page. 
RECORDS. Continued. 

Of votes over mayor's veto, to be en- 
tered on 135 

Of house of correction a public record 144 

RECORDER OF DEEDS. 

Result of election to be filed with 24 

Map of territory annexed, filed with... 117 
Map of added territory filed with 120 

REGISTER OF WARRANTS. 

City treasurer to keep of warrants 
paid 79 

RELIEF FUND. 

Of police andfiremen 126 

How created 126 

Mayor, marshal, etc., trustees 126 

Board to control 127 

Power to assess firemen 127 

Board to keep records 127 

Treasurer to keep moneys 127 

Give bond— keep correct account of 

funds 127 

Bond filed with clerk 128 

Warrants drawn on treasurer for 128 

Disability— death of member, money, 
how paid out for 128 

REPORTS. 

Of council shall be deferred— when... 30 

RULES. \ 

Of proceedings for city council or 

board of trustees 257-2G6 

Duty of mayor 257 

Committees 258 

Ordinances 250 

Business of board 259 

Proceedings, decorum, debate 260 

Committee, rules 262 

Board of trustees 2G2-2G6 

Rules of parliamentary law 267-277 

SALARIES. 

Of city officers— council to fix 133 

Not changed during term 133 

No extra compensation allowed 133 

Of superintendent of house of correc- 
tion 147 

SEAL. 

City may have— may change 22 

City clerk keeper of ". 74 

Form of ordinance concerning 194 

SECRETARY OF STATE. 

Record and result of election filed 

with 24 

Names of towns or cities changed, 

filed with 121 

Duties in regard to 121 

Order changing, filed with 122 

Duty to publish 122 

SEWERS. 

City or village, power to regulate 44 

Sewerage fund tax 137 

Amount of— certified to council 137 

Form of ordinance concerning 242 



292 



INDEX. 



Page. 
SIDEWALKS. 

City or village, power to regulate 45 

City or village, power to regulate 

traffic on 46 

Ordinance for— owner's right 95 

Building and renewing of 95 

Maybe built by special taxation 139 

Ordinance for — describe location, 

width, etc 140 

City may construct on failure of own- 

e 140 

When constructed by owner— order... 142 
Itemized statement of cost of, by own- 
er 184 

Form of certificate as to sufficiency 183 

Form of ordinance concerning 210 

Form of ordinance regulating con- 
struction of 239 

SPECIAL ASSESSMENT. 

How made 95 

Ordinance for 95 

Sidewalk-owner's right 95 

Work done to be as required by the or- 
dinance 95 

Estimate of cost to be made by 95 

Order for proceedings in court 95 

Petition to court— requisites 96 

Appointment of commissioners 96 

Oath— form of. 96 

Duty of commissioners 96 

Shall make assessment roll 97 

Certify to court when 98 

Duty of commissioner to give no. ice 

by mail 98 

Publish and post notice 98 

Form of notice 98 

Proof of notice 99 

Continuance when notice not in 

time 99 

Objections may be filed 99 

Court may make order in regard to 99 

Judgment by default 99 

Hearing by jury 100 

Take precedence 100 

Maybe modified 100 

Judgments several 101 

Appeal from— writ of error 101 

Judgment lien upon property as- 
sessed " 101 

Judgment certified to clerk 101 

Clerk to file certificate of. 101 

Warrant— requisites 101 

Collector receiving to give notice 101 

Form of 101 

Manner of collecting 101 

.Report of delinquents to-county col- 
lector 102 

Eeport prima facie evidence 102 

When no defense to be made 102 

Application for judgment 103 

General revenue laws govern..... 103 

Sale of delinquent property — 103 

Return of sales— redemption 103 

Penalty when lands sold are paid 103 

Pay over 103 

Compensation of collector 103 

General revenue laws apply 103 

City or village may buy in 104 

Duty of officers of to attend 105 

New assessment, when made 105 

Supplemental assessments 105 



Page. 
SPECIAL ASSESSMENT. Continued. 

New assessments against delinquents 105 

Lien of— limit :tion 105 

Contracts, when payable from assess- 
ments 106 

Contracts, how let— approval 107 

Lien of special assessments 107 

Collection of by suit 107 

Supplemental petition to assess bene- 
fits in condemnation cases 108 

Adoption of this article 109 

For water supply, etc 131 

Form of petition for 175 

Form of assessment roll 175 

Form of certificate to 176 

Form of commissioner's affidavit of 

sending notice 176 

Of affidavit of posting notice 176 

Form of notice of 177 

SPECIAL ASSESSMENTS— LOCAL IM- 
PROVEMENTS. 

A special fund to be kept senarate 81 

Corporate authorities of city or vil- 
lage power to make 89 

Ordinance for— requisites of 91 

When property is taken— proceedings 91 

Petition for— form 91 

Summons — parties— publication— no- 
tice 9i 

Jury to assess compensation 92 

When other parties admitted 92 

Jury may view premises 92 

When no owners known, may assess... 92 
Judgment— new parties— further pro- 
ceedings 92 

No delay on account of ownership 93 

Persons under disability — appoint- 
ment of guardian ad litem 93 

Judgment— effect— appeal 93 

Judgment, when not delayed 94 

Order of possession 94 

When improvement by general tax... 94 

When by special taxation 94 

SPECIAL MEETINGS. 

Of city council — how called 31 

Form of notice for 168 

STREETS. 

Laying out, altering, widening, etc., 

by city 40 

City regulate use of 42 

Prevent encroachments 43 

Lighting, cleansing of. by city 44 

City or village power to regulate traf- 
fic on 46 

Naming of 47 

(. ity or village, power to extend 62 

To construct sewer under railroad 

track on 62 

Form of ordinance concerning 210 

Form of ordinance concerning ob- 
struction of— vacation of— rights of 

owners, etc 157 

Vacation of, to be recorded 156 

Penalty for neglect 157 

STREET COMMISSIONER. 

When village trustees may appoint 114 



INDEX. 



293 



Page. 
SUMMONS. 

First process in violation of ordinances 67 
In proceedings for local improve- 
ments 91 

SUITS. See Actions. 

Cities may sne and be sued 22 

• For violation ordinance, how brought 66 
For violation village ordinances, how 

prosecuted 115 

By tax-payer, to recover money ex- 
pended without authority 110 

Form of ordinance concerning 190-214 

SUPERINTENDENT OF STREETS. See 
City Superintendent of Streets. 

TAXES. 

City or village, power to levy 85 

City or village may levy and assess 85 

County clerk to extend on books of 

collector , 86 

Manner of collecting 87 

When for particular purpose how lev- 
ied, etc 87 

For particular purpose to be set apart 88 

All to be uniform 88 

What set apart as relief fund 126 

For water works 130 

Rebate and reduction of 136 

When property destroyed 136 

Sewerage fuud tax 137 

Amount of— certified to council 137 

Water fund tax 137 

Amount of— certified to 138 

Assessment and collection of 138 

Municipal.... 138 

Surplus tax 138 

Drawback— amount city may receive 139 
Special, for construction of sidewalk.. 139 

When part by general taxes 140 

When warrants to issue for collection 

of. 141 

Proceedings to aid 141 

Judgment for 142 

Form of ordinance concerning levy of 253 
Form of, for annual tax levy 255 

TERRITORIAL JURISDICTION. 

Of cities and towns over Ohio river 123 

To enforce ordinances on drinking 
boats, etc 123 

TOWNS. ' 

How may become cities 19 

How may become village Ill 

Petition— election— ballot— returns 112 

Result— old officers continue 112 

May supply water works 129 

Borrow money for — levy tax 130 

Acquire property for 130 

Jurisdiction over 130 

Make rules for 130 

May construct sidewalks by special 

taxation 139 

Plats of— how laid out it 153-159 

TOWN CLERK. 

When to rebate taxes 126 



Page. 
TOWN PLATS. 

Laying out of by owner of lands— re- 
quisites 153 

Owner of land to acknowledge 154 

Surveyor to certifyto 155 

To be recorded 155 

Certified copies evidence 154 

Dedication, effect of 155 

Penalty for selling without recording 

plat 155 

Neglect to plant corner stone— pen- 
alty 155 

Vacation of— how done •. 156 

When recorder to cancel on record 156 

Of highway, street, roads, etc., to be 

recorded 156 

Vacation of to be recorded 157 

When not to affect 157 

Penalty for neglect 157 

Vacation of streets and alley by city 

— requisites 157 

When property damaged, city to pay 157 

Rights of adjoining owners 158 

Form of certificate of surveyor to 185 

Form of acknowledgment to' 185 

Form of instrument vacating plat 185 

Form of vacation of part of plat 186 

TREASURER. 

When president and village trustees 

may appoint 114 

May require bond of. 114 

Form of warrant on 173 

TREES. 

City, power to plant 41 

TRUSTEES. See Board of Trustees. 

Duties of in change under this act 19 

Need not give bond when elected 72 

In villages, conservators of the peace 75 

Compensation of 76 

Fix time for election, for organization 

of village 112 

Give notice of election — appoint 

judges 112 

Term of office 113 

Number elected 113 

Choose one of, president 113 

Power of 114 

May pass ordinances over veto 114 

Election for annually 115 

May by ordinance annex territory 

when petitioned for 117 

Mav annex one corporation to an- 
other 117 

Power to levy water tax 130 

Make rules for water works 130 

Form of entry on journal in calling 

election 163 

Form of order submitting question of 

incorporation 178 

Form of notice of election for by 178 

UNINCORPORATED TOWN. 

Oiiange of name of— how done 122 

Notice to be given 123 

VACANCY. 

In office of mayor— hoAV filled 25 

Less than one year— how filled 26 



!94 



INDEX. 



Page. 
VACANCY. Continued. 

Office of mayor to be vacant on remov- 
al from city 26 

In office of alderman— how filled 28 

VAGRANTS. 

City or village, power to restrain and 

punish 58 

Form of ordinance concerning 244 

VETO. 

Two-thirds vote required to pass over 31 

Of mayor of citv 135 

Form of 162 

VILLAGE. See Villages. 

How may become city 19 

Courts take judicial notice of organi- 
zation under this act 20 

Record of result of election to be filed 

with recorder, when 24 

Certificate with secretary of state 21 

May require citizens to work poll-tax 68 
Property to be taken— file petition for 91 

.Requisites of petition 91 

Buy in property sold for tax or 104 

VILLAGES. 

Towns, how may become organized as 111 

Petition of thirty voters necessary Ill 

President and trustees to submit ques- 
tion 112 

Shall fix time and place of holding 

election '.. 112 

Give notice 112 

Form of ballot for election in 112 

Returns of election to president and 

trustees 112 

Result— old officers continue 112 

Contiguous territory organization in- 
to — village 112 

Petition— how affected 112 

Election returns 112 

Election of officers on organization 113 

Time and place of, fixed by county 

judge 113 

Result— election of officers 113 

Trustees to be elected— term 113 

Number of 113 

Corporate name— style of 113 

Powers of 113 

May have seal— acquire real estate, 

etc 114 

Powers and duties of president and 

trustees 114 

Style of ordinances Ill 

Appointment of officers 114 

Trustees to prescribe duties of 114 

Power of village constable 114 

Annual election— when held 115 

Special election— when held 115 

Suits for violation of ordinances 115 

lines for, paid treasury 115 

Police magistrate— election of. 115 

No incorporation under former laws.. 115 

May erect water works 129 

Borrow money for 180 

Levy a general tax for 130 

May acquire property for 130 



Page. 
VILLAGES. Continued, 

Make rules for ] 30 

Collect tax for 180 

When may issue bonds for 132 

Payable when and how 132 

Power to contract with water compa- 
ny 133 

Levy tax to pay 133 

May construct sidewalks by special 
taxation 139 

VILLAGE CLERK. 

When ballots of election to be re- 
turned to 35 

To notify persons elected or appointed 
to office 35 

When trustees may appoint 114 

Election for held annually 115 

VILLAGE CONSTABLE. 

President and trustees may appoint, 

when 114 

Powers of. 114 

VOTE. 

No vote of council to be reconsidered 
at special meeting 30 

Two thirds required to sell citv or 
school property .". 30 

To reconsider ordinance 31 

To pass over mayor's veto to be by 
yeas and nays 31 

Who entitled at city or village elec- 
tion 32 

Who at village election 112 

On passage over mayor's veto— how 
taken 135 

To be entered on journal 135 



VOTERS. 

One-eighth necessary to submit ques- 
tion of incorporation 

Fifty necessary to submit question to 
form a city from contiguous terri- 
tory 

One-eishth to again submit minority 
representation *. 

How may vote under minority plan... 

Cast vote in election for organization 
as village 



10 



112 



VOTES. 

Majority of— under incorporation of 

contiguous territory 20 

Required on passage of ordinances 3o 

Form of result of canvass under in- 
corporation under general law 161 

WARDS. 

City council to divide 33 

One alderman elected annually to 

each ward 38 

Form of ordinance fixing boundary 

Of 220 

WARRANT. 

May issue for violation of city ordi- 
nance 07 



INDEX. 



295 



Page. 
WARRANTS. 

Treasurer shall return to council or 

board all paid 79 

Register of to be kept by clerk 79 

Drawn on treasurer, to be signed by 

mayor and clerk 80 

Duty of city collector to preserve 81 

On treasurer for relief fund 128 

Form of warrants on treasurer 173 

WATER. 

City or village to provide for 109 

May borrow money for 109 

City, power to condemn land for water 

works 109 

Rules for to be made by city or village 109 

Water rents lien on property 110 

Water fund tax— amount of 137 

Recertified to council , 137 

WATER-WORKS. 

Cities etc., power to supply 129 

Letting contracts 129 

To give notice of 129 

Borrow money— levy general tax for... 130 

May acquire property for 130 

Make rules for 130 

Users of water to pay for 130 

Taxes and rates lien on property 131 



Page. 
WATER-WORKS. Continued. 

Special assessment for 131 

Income a separate fund 131 

Where act does not apply 131 

When bonds may issue for 131 

Payable within twenty years 132 

Payable in installments 132 

Limitation of. 132. 

When installments payable 132 

Interest paid, when , 132 

Contract with company for 133 

Tax levied to pay for 133 

WEIGHTS. 

City or village to provide for 56 

Form of ordinance concerning 249 

YEAR. 

Finance year defined 77 

Municipal year— definition of Ill 

YEAS AND NAYS. 

On passage of all ordinances 30 

On proposition to create liability 

against city 30 

Taken, on passage of ordinance over 

veto 31 

On vacation of streets and alleys, etc. 157 



